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ISLE OF WIGHT COUNTY
POLICY MANUAL
Isle of Wight County
POLICY MANUAL
TABLE OF CONTENTS Chapter 1: Personnel………………………………………………………………………………………......................... 1 ARTICLE I General Provisions…………………………………………………………………………………………………………1 ARTICLE II Position Classification Plan…………………………………………………………………………………………….5 ARTICLE III Compensation Plan………………………………………………………………………………………………………. 7 ARTICLE IV Conditions of Employment…………………………………………………………………………………………… 11 ARTICLE V Leave Provisions……………………………………………………………………………………………………………19 ARTICLE VI Benefits…………………………………………………………………………….............................................. 34 ARTICLE VII Disciplinary Policy…………………………………………………………………………………………………………45 ARTICLE VIII Grievance Procedure……………………………………………………………………….………………………….55 ARTICLE IX Separations…………………………………………………………………………............................................65 ARTICLE X Recruitment and Selection……………………………………………………………………………………………..67 ARTICLE XI Miscellaneous Policies and Regulations……………………………………………………………………….. 69 Article XII Violence in the Workplace…………………………………………………………………………………………….. 82 Article XIII Leave Donation……………………………………………………………………………………………………………..86 Article XIV Bright Idea Program……………………………………………………………………………………………………... 88 ARTICLE XV Employee Safety………………………………………………………………………………………………………….91 Chapter 2: Financial and Accounting………………………………………………………………………………………… 152 ARTICLE I Central Purchasing……………………………………………………………………...................................... 152 ARTICLE II Capital Improvements Plan (CIP) Development Process…………………………….................... 209 ARTICLE III Non‐Profit Requests…………………………………………………………………………………………………… 211 ARTICLE IV Financial Policies………………………………………………………………………………………………………….. 214 ARTICLE V Fixed Assets …………………………………………………………………………......................................255 ARTICLE VI Applications for Tax Exempt Designation for Real and Personal Property………………….. 259 Chapter 3: Community and Economic Development………………………………………………………………… 271 ARTICLE I Use of Incentives for Industrial Development………………………………………………………………… 271 ARTICLE II Cash Proffers………………………………………………………………………………………………………………….275 ARTICLE III Easement Acquisition…………………………………………………………………………………………………… 278 ARTICLE IV Rural Addition Program……………………………………………………………………………………………….. 280 ARTICLE V Street Lighting……………………………………………………………………………………………………………….282 ARTICLE VI Rules and Procedures for the Industrial Development Authority……………………. …………….286 ARTICLE VII Private Water System Acquisition Policy…………………………………………………………………….. 294 ARTICLE VIII Code Enforcement Policy…………………………………………………………................................... 298 ARTICLE IX Economic Development Incentive Policy …………………………………………………………………….. 306 ARTICLE X Pedestrian and Bicycle Facilities Development Policy……………………………………………………. 309 ARTICLE XI Isle of Wight County Non‐Residential Stormwater Management Fee Credit Policy......... 313 ARTICLE XII Isle of Wight Public Utilities Pro Rata Share Policy ……………………………………………………….319 Chapter 4: Fleet ……………………………………………………………………………………………………………………… 332 ARTICLE I Vehicle Use……………………………………………………………………………………………………………………. 332 ARTICLE II Driving Standards……………………………………………………………………........................................ 339 ARTICLE III Emergency Vehicle/Apparatus Use………………………………………………………………………………. 342 ARTICLE IV Fleet Management………………………………………………………………………………………………………..350 ARTICLE V Use of County Equipment……………………………………………………………………………………………… 362 Chapter 5: Buildings and Grounds……………………………………………………………………………………………. 364 ARTICLE I Prohibition of Tobacco Use of County Owned Property…………………………………………………. 364 ARTICLE II Distribution/Display of Outside Communications/Materials…………………………………………. 365 ARTICLE III Boykin’s Tavern……………………………………………………………………………………………………………. 366 ARTICLE IV Parks and Recreational Facilities………………………………………………………………………………….. 372 ARTICLE V County Signage Guidelines…………………………………………………………………………………………….384 ARTICLE VI Energy Conservation Policy………………………………………………………………………………………….. 386 Chapter 6: Information Technology…………………………………………………………………………………………..388 ARTICLE I Computer and Telephone Network Acceptable Use Policy…………………………………………….. 388 ARTICLE II Distribution of Data Developed as Part of Isle of Wight County’s GIS System………………… 392 ARTICLE III Information Technology Equipment Lifecycle Policy……………………………………………………. 394 ARTICLE IV Public, Education and Government (PEG) Channel Access Policy………………………………… 397 Chapter 7: Miscellaneous ‐ Employee Related…………………………………………………………………………. 401 ARTICLE I Travel…………………………………………………………………………………………………………………………….. 401 ARTICLE II Emergency Conditions & Unexpected Closings…………..…………………………………………………. 407 ARTICLE III Emergency Response and Sheltering……………………………………………………………………………. 412 ARTICLE IV Communications Protocol…………………………………………………………………………………………….417 ARTICLE V Records Management…………………………………………………………………………………………………… 421 Chapter 8: Miscellaneous ‐ General (Non‐Employee)………………………………………………………………. 427 ARTICLE I Committee Member Absenteeism…………………………………………………………………………………. 427 ARTICLE II Pledge of Allegiance…………………………………………………………………………………………………….. 428 ARTICLE III Use of County Seal…………………………………………………………………........................................ 429 ARTICLE IV Social Media Policy…………………………………………………………………………………………………….. 431 ARTICLE V Public Notice……………………………………………………………………………………………………………….. 432 CHAPTER 1: PERSONNEL ISLE OF WIGHT COUNTY POLICY MANUAL
Chapter 1: Personnel
ARTICLE I
General Provisions
(Revised December 15, 2005, Revised May 21, 2015)
Section 1.0
General Principles
The Personnel Policies and Procedures Manual of Isle of Wight County, Virginia contains policies
and procedures governing employees of Isle of Wight County. It states the County's policies and
procedures to be followed with regard to employment, compensation, promotion, demotion,
dismissal and all other activities dealing with personnel which are deemed necessary in order to
clarify the County's and the employee's relative position in the Personnel Management System.
Section 1.1
Administration
The Board of Supervisors and the County Administrator are empowered under the Statutes of the
Commonwealth of Virginia to establish departments, to employ personnel and to set salaries.
These regulations are intended to cover all facets of the County's Personnel Management System
in accordance with that grant of authority. The County Administrator shall be responsible for
administering the Personnel Management System and maintaining a modern personnel
management program and related personnel records.
The County Administrator is the County's Chief Personnel Officer and the duties of this position
may be delegated. The County Administrator shall be responsible for the daily administration of
the Personnel Management System, including, but not limited to, the Classification Plan,
Compensation Plan and the Performance Appraisal System.
The County Administrator may, from time to time, promulgate specific administrative regulations
governing the administration of the County's Personnel Management System. Employees should
confer with the County Administrator's office to determine the existence of an administrative
regulation on a specific matter prior to taking any action.
Section 1.2
(Revised December 15, 2005, Revised May 21, 2015)
Equal Employment Opportunity Policy
Isle of Wight County maintains and promotes equal employment opportunity in all phases of
employment and personnel administration in accordance with State and Federal laws, executive
orders and regulations. No officer or employee of the County shall discriminate against any
employee or applicant for employment with regard to recruitment, application, appointment,
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ISLE OF WIGHT COUNTY POLICY MANUAL
assignment, performance evaluation, training, working conditions, promotion, demotion,
discipline, lay-off, discharge, retirement, or any other aspect of employment on the basis of race,
color, sex, religion, national origin, age, disability, marital status, veteran status, genetic
information, sexual orientation, or other non-job related characteristic protected by applicable law.
Americans With Disabilities Act (ADA) and Americans with Disabilities
Amendments Act (ADAAA) Provisions
It is the policy of Isle of Wight County to comply with the Americans with Disabilities Act (ADA)
and the Americans with Disabilities Amendments Act (ADAAA) prohibiting discrimination
against applicants and employees with disabilities and, when needed, to provide reasonable
accommodations to applicants and employees who are qualified for a job, with or without
reasonable accommodations, so that they may perform the essential job duties of the position. It is
the policy of Isle of Wight County to comply with all federal and state laws concerning the
employment of persons with disabilities and to act in accordance with regulations and guidance
issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is the policy
of Isle of Wight County to prohibit discrimination against qualified individuals with disabilities in
regard to application procedures, hiring, advancement, discharge, compensation, training or other
terms, conditions and privileges of employment. Employees and applicants with disabilities
requesting reasonable accommodations to perform essential job functions should request such
through the Human Resources Department.
No officer or employee of the County shall retaliate against any employee with regard to
recruitment, application, appointment, assignment, performance evaluation, training, working
conditions, promotion, demotion, discipline, lay-off, discharge, retirement, or any other aspect of
employment because the employee has used or has participated in the County's grievance
procedure, has complied with any law of the United States, or of the Commonwealth of Virginia,
or has reported any violation of such law to a governmental authority, or has sought any change in
law before the Congress of the United States or the General Assembly, or has reported an incidence
of fraud, abuse, or gross mismanagement to the Board of Supervisors, the County Administrator,
the County Attorney, or other governmental authority.
Section 1.3
Applicability
The service of the County shall be divided into the classified and the unclassified services. The
provisions of the Personnel Policies and Procedures Manual shall be applicable to all classified
employees of the County. Unclassified employees shall be exempt from all provisions of the
Personnel System.
The unclassified service shall include:
a.
County Administrator;
b.
Constitutional officials and their employees;
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c.
members of boards and commissions;
d.
volunteer personnel and personnel appointed to serve without pay;
e.
f.
consultants and retained counsel rendering professional service;
positions involving seasonal or temporary employment;
g.
student interns and work-study employment;
h.
contractual employees;
i.
such other positions as may be designated by the County Administrator.
The classified service shall include all employees who work under all the rules, regulations,
policies and procedures approved by the Board of Supervisors and administered by the County
Administrator.
Elected officials may choose to have their employees included in the classified service.
Section 1.4
Effective Date
This Personnel Policies and Procedures Manual shall become effective and in full force upon
adoption by the Board of Supervisors.
Section 1.5
Amendments
When, in the opinion of the County Administrator, reasonable change has occurred to warrant an
amendment to the Personnel Policy and Procedures Manual, such an amendment shall be made
with the approval of the Board of Supervisors.
Section 1.6
(Revised May 21, 2015)
Objectives and Scope
The specific objectives of the County's Personnel Management System are:
a. to establish and maintain a sound classification and compensation plan which will attract
and retain qualified employees
b. to assure fair treatment of applicants and employees in all aspects of personnel management
without regard to race, color, religion, age, national origin, sex, disability, marital status,
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veteran status, genetic information, sexual orientation, or other non-job related
characteristic protected by applicable law
c. to maintain the compensation plan in a proper relationship with competitive pay practices
in the labor market in which the County competes
d. to assure each County employee a performance review at specified intervals
e. to provide effective control of salary payments on a uniform basis
f. to furnish County management with a consistent and effective means of recognizing
improved and outstanding performance
g. to recruit, screen, select and advance employees on the basis of their ability, knowledge,
and skills
h. to determine training needs to ensure quality performance and to enable employees to
realize their maximum potential.
Section 1.7
Interpretation
These regulations are intended to cover most personnel issues and actions for which the County
Administrator is responsible. Those personnel issues and actions not specifically covered in this
manual shall be interpreted by the County Administrator in keeping with the intent of these
regulations.
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ARTICLE II
Position Classification Plan
Section 2.0
Definition
The Position Classification Plan is the official system of grouping positions into appropriate
classes, including (1) the schematic index to the class specifications and (2) the class
specifications.
a.
For position classification purposes, a position is a group of currently assigned duties and
responsibilities requiring the employment of one person. A position may be occupied or
vacant.
b.
A class is a group of positions (or one position) that: (1) has similar duties and
responsibilities, (2) requires like qualifications, and (3) can be compensated equitably by
the same salary grade.
c.
The class title is the official designation or name of the class as stated in the class
specification.
The schematic list of classes shall determine the salary grade for each class of positions
with due regard to the salary grades for other classes, the relative difficulty, responsibility
and characteristic duties of positions in the class, the minimum qualifications required, the
prevailing rate paid for similar employment outside the County service and any other
factors that may properly be considered to have a bearing upon the fairness and adequacy
to the grade.
d.
Section 2.1
Creation of Class Specifications
Prior to the establishment of a new position, a job description covering the duties, responsibilities
and minimum qualifications for the proposed position shall be developed. The position shall be
assigned to one of the classes in the classification plan. If a suitable class does not exist, the County
Administrator shall develop, or cause to be developed, a new class specification and shall
recommend the new class to the Board of Supervisors for approval.
Section 2.2
Maintenance of Plan
It shall be the duty of each department director to submit to the County Administrator's office new
position descriptions for all affected positions each time there has been a reorganization of
substantial change in the duties and responsibilities of one or more positions.
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Each time a new class is established; a class specification shall be written and incorporated into
the existing plan. The class title shall be added to the Schematic List of Classes. Likewise, an
abolished class shall be deleted from the classification plan by removing the class title from the
Schematic List of Classes.
Section 2.3
Interpretation of Class Specifications
The class specifications are descriptive and not restrictive. Particular phrases or examples of work
performed should not be construed as a full definition of a class and the use of a particular
description of duties, qualifications or other factors shall not be held to exclude others of similar
kind or quality. The class specifications are intended to indicate the kinds of positions which shall
be allocated to the classes established and are to be interpreted in their entirety and in relation to
other positions in the classification plan.
Section 2.4
Official Copy of the Position Classification Plan
The County Administrator shall be responsible for maintaining an official copy of the position
classification plan. The official copy shall include a schematic list of class titles and class
specifications plus all amendments thereto. A copy of the official classification plan should be
available for inspection by the public under reasonable conditions during business hours.
Section 2.5
Classification Appeals
If an employee has facts which indicate that his/her position is improperly classified, he/she may
request a classification review through the employee's department director. If deemed appropriate
by the department director, a written request with a statement of justification shall be forwarded
to the County Administrator. After a review of all pertinent data and information, the County
Administrator shall decide on the proper classification for the position. If a change in classification
is warranted, the County Administrator shall notify the employee and the department director and
direct the appropriate records be changed to reflect the new classification.
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ARTICLE III
Compensation Plan
(Revised October 7, 1999, April 7, 2005, December 15, 2005, April 18, 2006, June 1, 2006,
April 16, 2015, October 1, 2015)
Section 3.0
Definition
The compensation plan shall consist of a salary schedule and a schematic list of classes assigned
to salary grades. When adopted by the Board of Supervisors, the compensation plan shall remain
in effect until amended by the Board. The County Administrator shall submit modifications to the
plan as deemed necessary and recommend those actions to the Board of Supervisors for approval.
Section 3.1
Applicability
The compensation plan shall cover all classified employees.
Section 3.2
(Revised April 7, 2005, April 16, 2015)
Rates of Pay
The rates of pay for County employees shall be in accordance with the salary schedule adopted by
the Board of Supervisors. Generally, a new employee shall be paid between the minimum and
midpoint of the salary range assigned for his/her class, depending on qualifications. The County
Administrator has authority to make appointments above the midpoint when necessary to obtain
the services of the best qualified candidate. Prior written approval from the County Administrator
is required when a department director wishes to make an appointment above the first quartile of
pay for the class.
When a regular full-time employee assigned to a 28-day cycle, as authorized within the 7k work
period exemption within the Fair Labor Standards Act, within the Department of Emergency
Services transfers from a 24-hour schedule to a 40-hour schedule, or vice versa, for an assignment
greater than 30 days, the employee’s rate of pay will be computed as follows. Computation of the
hourly rate of pay will be made once the 30 days has been met, as follows:
1. When an employee is transferred from a 24-hour schedule to a 40-hour schedule or
status the employee’s annual rate of pay is divided by 2,080 to provide the new hourly
rate of pay.
2. When an employee is transferred from a 40-hour schedule or status to a 24-hour
schedule, the employee’s annual rate of pay is divided by 2,756 to provide the hourly
rate of pay.
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Section 3.3
(Revised June 1, 2006, October 1, 2015)
Salary Increases
The performance of regular full-time and regular part-time employees shall be reviewed annually.
If funding is available, an employee may be entitled to a salary increase for successful job
performance. Performance increases shall be awarded to employees in accordance with the
County's performance evaluation system. Probationary employees are not eligible for merit-based
salary increases during the probation period.
An employee’s salary may not exceed the maximum of his/her pay range. Full-time employees at
the maximum of their range, who would otherwise be eligible for a merit increase, will receive a
payment for that portion of his/her merit increase which exceeds the maximum of the pay range.
The payment will be made in four installments in the pay period nearest the following dates: July
1, October 1, January 1, and April 1. The payment will not be included in the calculation of VRS
contributions.
Employee salary adjustments may be necessary on occasion to address internal salary
compression, external pressure in high demand areas, and/or retention issues. Such equity
adjustments to salaries require the approval of the County Administrator.
Section 3.4
(Revised October 7, 1999, April 16, 2015)
Overtime
Overtime shall be authorized when regularly scheduled work hours exceed the Fair Labor
Standards Act (FLSA) standards for the granting of overtime. The County Administrator shall
designate those positions which are eligible for overtime pay and compensatory leave and those
which are not eligible for such pay and leave in accordance with the standards of the Fair Labor
Standards Act. The County Administrator shall develop administrative regulations pertaining to
overtime and monitor compliance with the provisions of the Fair Labor Standards Act, which shall
include the following:
a.
Compensation time should be granted in lieu of overtime pay in all situations where
possible. The accumulation of overtime should be discouraged and procedurally kept to a
minimum, adjusting schedules and staffing to minimize the accumulation of overtime.
b.
All overtime must be approved in advance of occurrence by the employee supervisor.
c.
Prior to disbursement of compensation, the Department Head must authorize the payment
of overtime compensation.
d.
Overtime pay will be disbursed as funds are made available through the budget
adoption/amendment process.
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e.
Regularly scheduled overtime hours for fire protection employees will be paid at the
overtime rate whether or not the employee physically works the hours. This rule only
applies to fire protection employees as defined in the Code of Virginia §9.1-700.
Section 3.5
(Revised April 7, 2005)
Compensatory Time Off
Compensatory time off shall be awarded in lieu of paid overtime whenever possible. Each
department shall be responsible for maintaining records of compensatory time and shall be
required to verify overtime with said records. Department directors shall take the steps necessary
to limit the amount of accumulated compensatory time. Department directors shall encourage
employees to use accumulated compensatory time off prior to the end of the pay period in which
it was accrued.
Section 3.6
(Revised October 1, 2015)
Maintenance of the Compensation Plan
The County Administrator shall make, or cause to be made, a comparative study of all factors
affecting the County's compensation plan. The study shall be undertaken every three to five years
and shall consider rates of pay for comparable positions in public and private employment in the
area, fringe benefits, cost of living to date, the County's financial condition and other pertinent
factors.
In order to avoid the compounding of changes in cost of living over time and to remain competitive
with market peers, the pay structure (pay ranges) and salaries shall be adjusted annually by a cost
of living adjustment (COLA) equal to the consumer price index (CPI).
The County Administrator shall recommend changes to the compensation plan to the Board of
Supervisors. The Board of Supervisors shall make changes to the compensation plan as
appropriate.
Section 3.7
Discretionary Time – Exempt Employees
Exempt employees are authorized reasonable amounts of discretionary time for extended periods
of overtime, subject to prior approval of the employee’s direct supervisor. Unlike non-exempt
employees, exempt employees work the number of hours necessary to “get the job done”, often
more than 40 hours per week. Discretionary time for exempt employees is not a matter of right,
never accumulated, and not intended to compensate hour for hour for extended work hours or late
meetings. It is not used in lieu of, or in conjunction with, annual, holiday, or sick leave. It is
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intended to meet professional and personal needs which surface during the work day, usually not
exceeding four (4) consecutive hours. This unstructured concept of discretionary time is in keeping
with generally accepted standards and spirit of professional conduct, and is not a matter of
entitlement.
Section 3.8
(Adopted April 18, 2006)
Locally Funded Supplements and Pay Increases for Employees of Constitutional
Officers
Employees of Constitutional Officers not included in the County Pay and Classification Plan may
receive locally funded supplements to the salary set by the State Compensation Board.
Supplements will be set at a flat rate established by the Board of Supervisors and will not be
included in the computation for Compensation Board established increases. Locally funded
employees of Constitutional Officers not included in the County Pay and Classification Plan will
be eligible to receive pay increases at the rate established by the Compensation Board along with
Compensation Board funded employees. Any local supplement received will be added as a flat
amount to the adjusted salary.
Salary supplements will be allocated to specific positions and cannot be reallocated among other
positions unless approved by the Board of Supervisors.
Section 3.9
(Adopted December 15, 2005)
Saving Clause
It is the County’s policy to comply with the salary basis requirements of the FLSA. Therefore, The
County prohibits all County department heads from making any improper deductions from the
salaries of exempt employees. The County wants employees to be aware of this policy and that the
County does not allow deductions that violate the FLSA.
What To Do If An Improper Deduction Occurs
If an employee believes that an improper deduction has been made to his/her salary, it should be
immediately reported to the direct supervisor, or to the Office of Human Resources.
Reports of improper deductions will be promptly investigated. If it is determined that an improper
deduction has occurred, the employee will be promptly reimbursed for any improper deduction
made.
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ARTICLE IV
Conditions of Employment
(Revised November 6, 2000, April 7, 2005, December 15, 2005,
February 2, 2006, October 16, 2006, March 1, 2007, June 14, 2007, October 16, 2014,
November 20, 2014, October 1, 2015)
Section 4.0
Employment Policy
The County Administrator is responsible for determining vacancies in the classified service and
filling those vacancies with qualified personnel, maintaining personnel files and records,
developing and recommending policies related to the personnel management function.
All recruiting, including the placement of job advertisements, shall be conducted consistent with
County policies and procedures as described in Article X. Whenever possible, vacancies shall be
filled through open competition except those instances where a department director seeks to fill
the position by considering only internal applicants.
Section 4.1
(Revised February 2, 2006)
Employment of Immediate Family Members
Members of an employee’s immediate family will be considered for employment on the basis of
their qualifications. However, immediate family members may not be hired if employment would:

Create a supervisor/subordinate relationship with a family member;

Have the potential for creating an adverse impact on work performance; or

Create either an actual conflict of interest or the appearance of a conflict of interest.
This policy must be considered when assigning, transferring, or promoting an employee. For the
purpose of this policy, immediate family members are defined as: spouse, parent, guardian,
brother, sister, son, daughter, father-in-law, mother-in-law, grandparent, grandchild, step parent,
step child or any other individual residing within the same household.
Employees who become immediate family members may continue employment as long as it does
not involve any of the above. If one of the conditions outlined above should occur, attempts will
be made to find a substitute position within the County to which one of the employees will transfer.
If employees become immediate family members, the County will make reasonable efforts to
assign job duties so as to minimize problems of supervision, safety, security, or morale. If
accommodations of this nature are not feasible, the employees will be permitted to determine
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which of them will resign. If the employees cannot make a decision, the County will decide at its
sole discretion who will remain employed.
This policy does not apply to close relatives who already are employed by the County as of the
effective date of this policy.
Section 4.2
Standards of Employment
Applicants must meet the specifications of the position as defined in the classification plan. Other
reasonable minimum standards for the position may be established by the County Administrator
with the advice of the department director.
Section 4.3
(Revised October 16, 2006, October 1, 2015)
Promotion
A promotion is defined as the graduation to a job with increased duties and responsibilities. A
promotion shall be accompanied by an increase in compensation.
When an employee is promoted to a position in a higher class, his/her salary shall be increased by
a minimum of five percent (5%) and/or have his/her salary be brought up to their new grade
minimum (whichever is greater) so that internal equity of salaries within the classification can be
preserved. Any additional salary increase above the minimum required requires approval by the
County Administrator in instances of extenuating circumstances. Promotional salary increases
shall be effective on the first day of the pay period.
Section 4.4
(Revised December 15, 2005; March 1, 2007, October 1, 2015)
Demotion
A demotion is defined as the assignment to a position with a decrease in duties and responsibilities.
When an employee is demoted he/she will be paid at a rate which is within the range of the lower
position. The rate of salary reduction shall be at least five percent (5%) and/or his/her salary shall
be no less than the new grade minimum. If the employee's resulting salary is above the maximum
of the new salary grade, the employee shall be placed at the maximum of the new salary grade.
The County Administrator may grant an exception to the salary decrease requirements when the
pay grade reduction is in support of organizational objectives and is not a result of a disciplinary
action, provided the employee’s salary does not exceed the maximum of the assigned pay range.
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Section 4.5
(Revised April 7, 2005, October 1, 2015)
Reclassification
Reclassification is not considered a promotion or demotion. A reclassification is defined as a
change to the class title or the grade assigned to a particular class title due to changes in the scope
of work performed, duties, or responsibilities assigned to the classification.
An employee whose position is reclassified to a higher salary grade shall receive a salary
adjustment of a minimum of five percent (5%) and/or have his/her salary be brought up to their
new grade minimum (whichever is greater) so that internal equity of salaries within the
classification can be preserved. When an employee's position is reclassified to a lower salary grade
and his/her present salary is above the maximum for the lower grade, the employee shall be
permitted to continue at his/her present rate (except in the event of a general service-wide
reduction). The employee will not be entitled to a salary increase until salary grade adjustments
allow for an increase within the new grade.
Section 4.6
(Revised November 6, 2000, October 1, 2015)
Transfer
a. A transfer to a position in the same salary grade shall not result in an increase in pay.
b. A transfer from one County Department to another County Department or, from the Isle of
Wight County Public School System, Department of Social Services and/or Isle of Wight
Constitutional Officers employment, shall have their unused and uncompensated leave
balances transferred and maintain their seniority, subject to the limitation for maximum time
of leave allowed to be accumulated under County policy provided:
c. Not more than 30 days lapse of time between the date of termination from said Departments,
Boards and Agencies to employment by the County.
d. The employee is a regular full-time employee who leaves the previous Department, Board or
Agency in good standing.
e. The transfer or employment of said employee has been approved by the County Administrator
or his designee and the leave balances do not exceed the maximum amount of time allowed to
be accumulated under County policies.
Section 4.7
Reinstatement
An employee who has been separated because of a reduction in force or who has resigned in good
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standing shall be eligible for consideration for reinstatement. Approvals of requests for
reinstatement shall be the responsibility of the County Administrator upon receiving a
recommendation from the department director.
Anniversary dates for reinstated employees shall remain unchanged, except when a reinstated
employee has missed one full pay period or more from their position prior to reinstatement, in
which case the anniversary date shall be amended to reflect the days missed to the nearest full pay
period. If the reinstatement date is prior to the 15th of the month, the anniversary date shall be the
1st of the month.
If the reinstatement date is after the 15th of the month, the anniversary date will be the 1st of next
month.
Section 4.8
(Revised February 2, 2006, October 16, 2014)
Types of Employees
Regular Full-Time Employees
Those employees who are hired for an indefinite period of time without a stated limitation
as to length of service and who are employed to work forty (40) hours per week or its
equivalency.
Regular Part-Time Employees
Those part-time employees who are hired for an indefinite period of time, in excess of six
(6) months, without a stated limitation as to length of service (other than continuation of
program, position need and/or funding) and who are employed to work a regular schedule
of twenty-nine (29) hours per week or less.
Temporary Full-Time Employees
Those employees who are hired for a stated length of service, season or project and who
are employed to work forty (40) hours per week or its equivalency.
Temporary Part-Time Employees
Those part-time employees who are hired for less than six (6) months with a stated length
of service, season or project and who are employed to work thirty-nine 39 hours per week
or less.
Grant-Funded Employees
Those employees who are hired for a stated length of service, season or project and who
are employed to work the number of hours stated in the grant application. Grant-funded
personnel are not eligible to participate in the County’s monetary fringe benefits unless
specified and funded through the grant.
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Section 4.9
(Revised June 14, 2007)
Probationary Period
The probationary period shall be regarded as an integral part of the evaluation process and shall
be utilized for closely observing the employee’s work, for securing the most effective adjustment
of a new employee to his/her position and for rejecting any employee whose performance is not
satisfactory. For most employees the probationary period is six (6) months with the following
exceptions:
New employees appointed to fire, emergency medical services, or dispatch positions shall serve a
probationary period of twelve (12) months.
Section 4.10
Termination
Probationary employees may be terminated from employment at any time during the probationary
period, including any extensions thereof, at the discretion of management. The reason(s) for
separation of any employee who is within the probationary period shall be reviewed with the
employee.
Section 4.11
(Revised June 14, 2007)
Extension of Probationary Period
Upon the recommendation of the department head and with the prior approval of the County
Administrator or his/her designee, an employee's probationary period may be extended. A written
request for an extension should be included in the Probationary Report specifying the length of the
extension and the justifications. The extension period should not exceed six (6) months beyond
the initial hire or promotion date.
Section 4.12
Promotional Probationary Appointment
The probationary period shall be used in connection with a promotional appointment in the same
manner as it is used in entrance appointments. If an employee is found to be performing in an
unsatisfactory manner in his/her new position he/she shall be counseled by the supervisor. If an
employee is not retained in a promotional assignment, he/she may request reinstatement to the
former position or similar class. Reinstatement requests shall be granted at the discretion of the
County Administrator with a recommendation from the Director of Human Resources.
15
Section 4.13
Probationary Period Evaluation
Before the end of the probationary period, the department director shall indicate in writing to the
County Administrator or his/her designee:
a. that he/she has discussed the employee's accomplishments, strengths and weaknesses with
the employee;
b. whether the employee is performing satisfactory work;
c. whether the employee should be retained in the position;
d. whether the employee, if a new appointee, should be dismissed;
e. whether the employee, if on probation following a promotion, should be reinstated in
his/her former class or related class; or
f. whether the employee should have his/her probationary period extended.
Section 4.14
Outside employment
Paid employment in addition to an employee's County position is discouraged. While employed
by Isle of Wight County, no employee may engage in other employment which presents a conflict
of interest with his/her County position and/or which interferes with and detracts from the efficient
and effective performance of the employee's duties with the County.
Employees who desire to accept a position in addition to their County position shall, upon request,
submit a written report to their supervisor or department director detailing, at a minimum, the
number of hours, type of work and the schedule of work. The department director's written
permission shall be obtained prior to commencing additional employment.
An employee whose request for additional employment has been denied by the department director
may appeal the decision by requesting a review and recommendation from the County
Administrator. The County Administrator shall review the department director's reason(s) for
denial, the employee's appeal and make a final determination.
Section 4.15
Performance Evaluation
The County Administrator shall develop, or cause to be developed, a system for evaluating the
work performance of classified employees. The purpose of the employee performance evaluation
shall be to inform employees about how well they are performing their work and how they can
improve their performance. The performance evaluation may also be used in determining salary
increases; as a factor in determining order of lay-off; as a basis for training, promotion, demotion,
transfer or dismissal; and for such other purposes as may be deemed advisable.
16
Section 4.16
Period of Evaluation
Beginning with the date of original appointment or promotion, regular full-time employees shall
be evaluated before the end of the probationary period. After employees have been taken off
probationary status their performance shall be evaluated annually. Special performance
evaluations may be conducted as necessary after the department director has consulted the County
Administrator.
Section 4.17
Evaluation
Evaluations shall be prepared by the immediate supervisor of each employee and reviewed by the
appropriated department director. An employee in a supervisory position who is leaving a position
shall submit performance evaluation forms on all employees under his/her supervision who have
not been evaluated within the previous six-month period.
Section 4.18
Review with Employee
Each regular full-time employee shall have the opportunity to review every evaluation made of
him/her. Upon a review of the evaluation, the employee shall note in writing his/her comments
concerning the evaluation.
Section 4.19
Withholding of Salary Increase
A department director may withhold a salary increase based upon an employee's performance
evaluation for a period not to exceed ninety (90) days. The decision to withhold a salary increase
shall be made known to the employee in writing within ten (10) working days of the performance
evaluation. The employee's performance shall be re-evaluated at the end of the withholding period
and a determination made regarding the award of any salary increase. Salary increases which have
been withheld shall not be made retroactive.
Section 4.20
Appeal of Employee Evaluation
All regular full-time and regular part-time employees who feel their performance evaluation was
conducted unfairly have the right of appeal in accordance with the provisions of Article VIII.
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Section 4.21
Confidentiality of Evaluations
Performance evaluations shall be confidential and shall be made available only to (a) the employee
being evaluated, (b) his/her supervisor or department director, or (c) the County Administrator
and/or his/her designee.
Section 4.22
Exit Interviews
An exit interview shall be conducted whenever possible and upon request of the employee or the
department director when an employee terminates employment for any reason. The interview shall
be conducted on or before the employee's last day of work during normal working hours, if
possible. The interview shall be confidential between the employee and the staff member
conducting the interview. Information resulting from exit interviews shall be released only in
summary form to maintain confidentiality.
Section 4.23
Administration
It shall be the responsibility of the County Administrator to monitor compliance with all conditions
of employment contained in this Article.
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ARTICLE V
Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006,
April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014,
December 18, 2014, April 1, 2015)
Section 5.0
(Revised September 1, 2005, October 16, 2014, April 16, 2015)
Annual Leave
All regular full-time employees of Isle of Wight County assigned to a forty-hour workweek
shall accrue annual leave based on an eight (8) hour work day. All regular, part-time
employees with regularly scheduled hours between twenty (20) to twenty-nine (29) per
week shall accrue annual leave at a rate of four (4) hours per month. Leave shall be charged
to the nearest quarter-hour increment. Eligible employees separating from County
employment shall be compensated for unused annual leave in the subsequent pay period
after termination.
All regular full-time employees assigned to a 28-day cycle, as authorized within the 7k
work period exemption within the Fair Labor Standards Act, within the Department of
Emergency Services shall have all leave charged on an hour for hour basis and shall accrue
annual leave based on the equivalent of an eight (8) hour work day.
Section 5.1
(Revised April 5, 2007; June 19, 2014; April 16, 2015)
Calculated
Annual leave for regular full-time employees, except those assigned to a 28-day cycle, shall be
calculated at the end of each pay period in accordance with the following schedule:
Total Years
Of Service
Hours
Per Month
Days
Per Year
Maximum
0 to 5
5+ to 10
10+ to 15
15+ to 20
20 or more
8
10
12
14
16
12
15
18
21
24
288 hours
288 hours
288 hours
288 hours
288 hours
Annual leave for regular full-time employees assigned to a 28-day cycle, as authorized within the
7k work period exemption within the Fair Labor Standards Act, within the Department of
Emergency Services shall be calculated at the end of each pay period in accordance with the
19
following schedule:
Total Years
Of Service
Hours
Per Month
Days
Per Year
Maximum
0 to 5
5+ to 10
10+ to 15
15+ to 20
20 or more
11.2
14
16.8
19.6
22.4
16.8
21
25.2
29.4
33.6
403.2 hours
403.2 hours
403.2 hours
403.2 hours
403.2 hours
Regular full-time employees on leave without pay for more than half of the workdays per pay
period will not accumulate annual leave hours for that pay period.
*Employees may exceed the maximum accrual amount of 288 hours (or 403.2 hours for those
assigned to a 28-day cycle) during the fiscal year; however, no more than 288 hours (or 403.2
hours for those assigned to a 28-day cycle) may be carried over from one fiscal year to the next
fiscal year. Any hours over 288 hours (or 403.2 hours for those assigned to a 28-day cycle) will
be automatically added to the sick leave balance up to a maximum of eighty (80) hours (or one
hundred-twelve (112) hours) per fiscal year.
Special Provisions for Fire Protection Employee Schedule Changes
1. When a regular full-time employee assigned to a 28-day cycle, as authorized within the 7k
Emergency Services transfers from that 28-day cycle schedule to a 40-hour per week
schedule or vice versa for an assignment greater than 30 days, his/her leave balances and
hourly rate of pay will be converted.
2. Full-time employees assigned within the Department of Emergency Services accrue and
charge all leave in accordance with applicable policy for the schedule to which assigned.
In the event an employee is temporarily assigned to another schedule for less than 30 days,
the leave accrued and leave charged will be adjusted to provide the same leave balance as
if the employee had not been temporarily transferred. Such determinations are made on a
case-by-case basis by the Chief of Emergency Services and the Director of Human
Resources.
3. Annual leave is converted or adjusted when an employee is transferred from one schedule
to another to provide the same leave balance value. When an employee is transferred from
a 28-day cycle schedule to a 40-hour per week schedule, the employee’s annual leave
balance will be divided by 1.4 to give the adjusted balance. When an employee is
transferred from a 40-hour per week schedule to a 28-day cycle schedule, the employee’s
balance will be multiplied by 1.4 to give the adjusted balance.
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New Hires
New hires shall accrue annual leave for the month of initial hire according to the date of hire as
follows:
Date of Month
1st to 7th
8th to 23rd
24th to last
Percent of Annual Leave Accrued
100%
50%
0%
Section 5.14
Recognition Leave
All personnel are eligible to receive leave hours for the purpose of such instances as the recognition
of service to the County, in conjunction with the promotion of or participation in safety, health, or
wellness initiatives, or for any other purpose approved by the County Administrator. Recognition
leave is intended to provide employees paid leave separate and apart from his/her other available
paid leave types.
For the purpose of the recognition of five years of service milestones with the County, the
following schedule will apply:
Years of Service
5
10
15
20
25
< 30
Number of Recognition Leave Hours Awarded
4
8
12
16
20
24
Recognition leave is non-cumulative, must be taken within 90 calendar days of it being granted,
and any remaining balance thereof shall be forfeited at the end of the 90 calendar day period. Any
recognition leave shall not be paid upon separation of employment, is non-transferrable, and is not
compensable in the form of monetary compensation in lieu of paid leave time. Use of recognition
leave hours must be scheduled and approved in advance by the employee’s immediate supervisor.
Recognition leave shall be granted to an employee for a specific purpose by the Human Resources
Department upon approval of the County Administrator or his/her designee. The Human
Resources Department shall inform the employee’s department director that such recognition leave
has been granted.
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Section 5.2
(Revised June 19, 2014, April 16, 2015)
Approval
The earliest possible notice, preferably two weeks, of intent shall be given by any employee who
is eligible to take annual leave. Annual leave taken without prior approval may not be paid.
Each department shall be responsible for the scheduling of annual leave of its employees and doing
so without decreasing the operating efficiency of the department.
Employees shall be paid for unused accrued annual leave up to the allowed maximum of 288 hours
(or 403.2 hours for those regular full-time employees assigned to a 28-day cycle, as authorized
within the 7k work period exemption within the Fair Labor Standards Act, within the Department
of Emergency Services) at the time of retirement, resignation, termination, or death. In instances
of reduction in force, an employee shall be paid for their actual unused accrued annual leave with
no maximum cap enforced.
Section 5.3
(Revised December 19, 2013; September 1, 2005; October 16, 2014, April 16, 2015)
Sick Leave
Sick leave is defined as leave with pay granted for personal illness of the employee or an immediate
family member and for medical and dental appointments of the employee or immediate family
member. For purposes of this sick leave policy, the immediate family of an employee is defined
as: natural parents, adoptive parents, foster parents, step-parents; spouse; natural, adopted or foster
children; brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law,
daughter-in-law; grandchildren and grandparents.
A physician’s certification/statement may be requested to validate sick leave when there is a
pattern of absenteeism, if there is an indication that the employee’s physical condition is adversely
affecting performance, or for an absence of three (3) or more consecutive days. Leave usage will
be charged in quarter-hour increments.
Accrual Rates
Regular, full-time employees who are Plan 1 or Plan 2 Virginia Retirement System (VRS)
members: Sick leave is accrued at a rate of eight (8) hours per month (four (4) hours per pay
period worked), with the exception of regular full-time employees assigned to a 28-day cycle, as
authorized within the 7k work period exemption within the Fair Labor Standards Act, within the
Department of Emergency Services, who accrue sick leave at a rate of 11.2 hours per month (5.6
hours per pay period worked). Employees must work more than half of the workdays per pay
period in order to accrue sick leave for that pay period. Sick leave balances may be carried over
from year to year and shall be unlimited.
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Special Provisions for Fire Protection Employee Schedule Changes
1. When a regular full-time employee assigned to a 28-day cycle, as authorized within the 7k
Emergency Services transfers from that 28-day cycle schedule to a 40-hour per week
schedule or vice versa for an assignment greater than 30 days, his/her leave balances and
hourly rate of pay will be converted.
2. Full-time employees assigned within the Department of Emergency Services accrue and
charge all leave in accordance with applicable policy for the schedule to which assigned.
In the event an employee is temporarily assigned to another schedule for less than 30 days,
the leave accrued and leave charged will be adjusted to provide the same leave balance as
if the employee had not been temporarily transferred. Such determinations are made on a
case-by-case basis by the Chief of Emergency Services and the Director of Human
Resources.
3. Sick leave is converted or adjusted when an employee is transferred from one schedule to
another to provide the same leave balance value. When an employee is transferred from a
28-day cycle schedule to a 40-hour per week schedule, the employee’s sick leave balance
will be divided by 1.4 to give the adjusted balance. When an employee is transferred from
a 40-hour per week schedule to a 28-day cycle schedule, the employee’s balance will be
multiplied by 1.4 to give the adjusted balance.
Regular, full-time employees who are Hybrid Virginia Retirement System (VRS) members:
Six (6) days of sick leave is front-loaded on an employee’s first work day, subject to proration for
service less than the full fiscal year. Employees may draw from their credited sick leave following
the completion of one day’s service. On January 1st each year, employees in this category will
accrue six (6) additional days of sick leave earning a total of twelve (12) days of sick leave each
fiscal year. On June 30th each year, a payout of fifty percent (50%) of the sick leave balance will
be granted as a wellness incentive. In the event of termination prior to the completion of the fiscal
year, salary for any leave which was taken in excess of days actually earned will be withheld from
the final payroll check.
Regular (non-temporary) part-time employees who work a schedule of 20 – 29 hours per week
will accrue sick leave at a rate of four (4) hours per month.
Section 5.4
(Revised December 18, 2014)
Notification
So that accurate records can be kept, an employee (or his/her representative) shall notify his/her
department director, supervisor, or whomever designated by the employee’s department, promptly
by telephone, messenger, or other such means designated by the employee’s department, no later
23
than one-half hour after reporting time, if physically possible. Departments may designate a more
specific time period required for advanced notification of the need to utilize sick leave as needed
for effective business operations. Abuse of this policy may result in disciplinary action.
Once sick leave has been exhausted, other leave policies may apply (e.g., annual leave, leave
without pay, etc.). Absence for a job-related injury shall be recorded in accordance with Article
VI, Section 6.6 Workers’ Compensation.
Regular employees on approved sick leave shall be paid their prevailing wage based on the
prevailing scheduled workweek not to exceed forty (40) hours per week. Leave will be charged
in quarter-hour increments.
Section 5.5
(Revised December 19, 2013; December 15, 2005)
Payment of Sick Leave Upon Retirement
Regular, full-time employees who are Plan 1 or Plan 2 Virginia Retirement System (VRS)
members: Employees retiring from VRS service who have less than fifteen (15) years of service
with Isle of Wight County are paid a lump sum for twenty-five percent (25%) of their sick leave
balance at the time of retirement up to a maximum of $2,500.00 in the subsequent pay period after
the effective date of retirement. The remaining seventy-five percent (75%) of the sick leave
balance is forfeited.
Employees who retire with fifteen (15) or more years of continuous service with Isle of Wight
County may elect to be paid a lump sum for twenty-five percent (25%) of their sick leave balance,
not to exceed $2,500.00 OR they may convert up to fifty percent (50%) of their unused sick leave
balance into VRS service credit to enhance their VRS benefit. The service credit will be calculated
based on an actuarial equivalent rate. If this option is selected, no additional monies will be paid
out beyond the amount calculated for the purchase of service credit.
Regular, full-time employees who are Hybrid Virginia Retirement System (VRS) members:
Employees are paid a lump sum for one hundred percent (100%) of their sick leave balance at the
time of retirement in the subsequent pay period after the effective date of retirement.
Section 5.6
Funeral Leave
Funeral Leave shall be defined as leave with pay granted to provide regular full-time employees
with sufficient time to deal with the death of an immediate family member as defined in Section
4.1.
Following the death of an immediate family member, the County shall provide up to three (3) days
of consecutive paid leave. The leave shall commence upon notification and approval by the
department director. This may be extended in unusual circumstances by the County Administrator.
In the event of multiple deaths in the employee's immediate family, each death shall be treated
24
separately and funeral leave granted accordingly.
If more than the allotted number of days' leave is required, or if leave is desired for a death other
than the immediate family, annual and/or compensatory leave may be applicable.
Section 5.7
Leave Without Pay
The County Administrator may grant a leave of absence without pay for a period of up to five (5)
days if conditions warrant. An employee is required to request in writing the reason(s) for leave
without pay status. An extension of this leave period may be granted if approved by the County
Administrator. Leave without pay shall be granted only when all other eligible leave time (sick,
vacation, compensatory, etc.) has been exhausted. When leave without pay has not been granted,
the employee shall be on unauthorized leave. When leave without pay occurs before or after a
holiday no credit in pay will be given for the holiday.
An employee on leave without pay for more than half of the work days in a pay period shall not
accumulate annual or sick days for that pay period or receive any County provided match benefits
for that pay period. An employee on leave without pay for more than half of the work days per
calendar month shall not earn credit for retirement in the Virginia Retirement System nor receive
the local contribution for life insurance coverage for that month. Should the employee elect to
continue benefits while on leave without pay, the employee may elect to reimburse the County for
such benefits to include any required County match.
Section 5.8
(Revised February 2, 2006, February 19, 2015)
Military Leave
Any employee who is or may become a member of any reserve component of the armed forces of
the United States shall be granted an unpaid leave of absence from his/her respective duty without
loss of time, regular leave, accrued leave, impairment of employee evaluation, or any other rights
or benefits to which he is otherwise entitled, for all periods of military service of the state or the
United States, under competent orders, in accordance with applicable law. Employees will also be
granted time off for military training. Employees should advise their supervisor and/or department
head of their training schedule and/or other related obligations as far in advance as possible.
Employees on military leave may substitute their accrued paid leave time for unpaid leave.
Continuation of Health Benefits
During a military leave of less than 31 days, an employee is entitled to continued group health
plan coverage under the same conditions as if the employee had continued to work. For military
leaves of more than 30 days, an employee may elect to continue his/her health coverage for up
to24 months of uniformed service, but will be required to pay all of the premium for the
continuation of coverage, calculated in the same manner as that required by COBRA.
25
Requests for Active or Reserve Duty
Upon receipt of orders for active or reserve duty, an employee shall notify his/her supervisor, as
well as Human Resources, as soon as possible, and submit a copy of the military orders to his/her
supervisor and the Human Resources Department.
Reinstatement
Upon return from military service, an employee may be reinstated into the employment of Isle of
Wight County in accordance with the provisions of Title 38, Sections 4312, 4313 and 4316 of
the United States Code of Section 44-93.3 of the Code of Virginia (1950, as amended), as such
sections may be amended from time to time and as may be applicable to the type of military
service performed by the employee. The County is committed to fully complying with the
Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, and all
other laws granting rights to employees based on past, present, or future service in the United
States Armed Forces, all of which laws shall control over any conflicting provisions in the
County Policy.
Section 5.9
Court Leave
An employee's absence from work for jury duty or for attending court as a witness shall be
defined as court leave. Before court leave is granted, the employee must submit a copy of the
official summons for jury duty or witness service to the Human Resources Department prior to the
beginning date of such service. Any employee appearing in court either as a defendant or plaintiff
in a case shall not be eligible for court leave.
An employee having been granted court leave shall be compensated at their regular rate of pay
during court appearances. Any compensation for jury duty as well as for witness service maybe
retained by the employee.
Employees summoned by a court for the purpose of qualifying for jury duty are entitled to court
leave for the actual period of absence, whether or not they are selected to serve. If the employee's
presence is required for less than a full work day, the employee is required to contact his/her
department concerning return to work. Any employee who fails to contact his/her department
risks the loss of pay for that day.
Section 5.10
Accumulation
Any employee taking court leave shall be credited with having worked for the duration of the
leave. The employee shall be allowed to accumulate all other eligible benefits.
26
Section 5.11
Unauthorized Leave
Unauthorized leave shall be defined as an absence from the job during a scheduled work period
without the approval of the employee's supervisor or department director. Also, the failure to
report to work at the expiration of an authorized leave without the approval of an extension of
time, shall be considered unauthorized leave. An unauthorized absence from duty during required
hours of attendance shall be treated as unauthorized leave. The employee shall be subject to
disciplinary action in accordance with the provisions of the disciplinary policy.
Section 5.12
(Revised April 7, 2005, January 8, 2009, December 18, 2014)
Leave Under the Family and Medical Leave Act (“FMLA”)
The County complies with the Family and Medical Leave Act (FMLA), which provides eligible
employees with up to 12 workweeks (or up to 26 weeks of military caregiver leave to care for a
covered servicemember with a serious injury or illness) during a 12-month period. The leave may
be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the
leave and as specified in this policy. During this leave, an eligible employee is entitled to
continued group health plan coverage. At the conclusion of the leave, subject to some exceptions,
an employee generally has a right to return to the same or equivalent position. The function of this
policy is to provide employees with a general description of their FMLA rights. In the event of
any conflict between this policy and the applicable law, employees will be afforded all rights
required by law.
Employee Eligibility Criteria
To be eligible for FMLA leave, an employee must have been employed by Isle of Wight County:


for at least 12 months (which need not be consecutive). Separate periods of employment
will be counted, provided the break in service does not exceed seven years. Separate
periods of employment will be counted if the break in service exceeds seven years due to
National Guard or Reserve military service obligations or when there is a written
agreement. For eligibility purposes, an employee will be considered to have been employed
for an entire week even if the employee was on the payroll for only part of a week or if the
employee is on leave during the week;
for at least 1,250 hours during the 12 month period immediately before the date when the
leave is requested to commence. The principles established under the Fair Labor Standards
Act (FLSA) determine the number of hours worked by an employee. The FLSA does not
include time spent on paid or unpaid leave as hours worked. Consequently, these hours of
leave shall not be counted in determining the 1,250 hours eligibility test for an employee
under FMLA; and
27

at a worksite where 50 or more employees are employed by the County within 75 miles of
that office or worksite. The distance is to be calculated by using available transportation
by the most direct route.
Types of Leave Covered
To qualify as FMLA leave under this policy, the employee must be taking leave for one or more
of the following reasons:
a. The birth of a child and in order to care for that child;
b. The placement of a child with the employee for adoption or foster care, and/or to care for
the newly placed child;
c. To care for the employee’s spouse, child, or parent (but not in-law) with a serious health
condition (described below);
d. The employee’s own serious health condition that makes the employee unable to perform
one or more of the essential functions of his or her job.
e. Because of a qualifying exigency arising out of the fact that the employee’s spouse, son or
daughter, or parent is on active duty or called to covered active duty status in support of
contingency operations as a member of the National Guard or Reserves (described below);
and/or,
f. Because the employee’s spouse, son or daughter, parent, or next of kin of a covered service
member or veteran requires care due to a serious injury or illness (described below).
A “serious health condition” is defined as a condition that requires inpatient care at a hospital,
hospice, or residential medical facility, including any period of incapacity or any subsequent
treatment in connection with such inpatient care or a condition that requires continuing treatment
by a licensed health care provider.
This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy
absences. Employees with questions about what illnesses are covered under the FMLA policy or
under the County’s sick leave policy are encouraged to consult with the County’s Human
Resources Department.
Leave taken under a “qualifying exigency” is defined as leave, up to 12 weeks in duration, taken
by families of members of the National Guard or Reserves or of a regular component of the Armed
Forces when the covered military member is on covered active duty or called to covered active
duty and must be for one of the following: short-notice deployment, military events and activities,
child care and school activities, financial and legal arrangements, counseling, rest and
recuperation, post-deployment activities, and additional activities that arise out of active duty,
provided that the employer and employee agree, including agreement on timing and duration of
leave. The leave may commence as soon as the individual receives the call-up notice.
28
Eligible employees are entitled to FMLA leave to care for a current member of the Armed Forces,
including a member of the National Guard or Reserves, or a member of the Armed Forces, the
National Guard or Reserves who is on the temporary disability retired list, who has a serious injury
or illness incurred in the line of duty on active duty for which he or she is undergoing medical
treatment, recuperation, or therapy; or otherwise in out-patient status; or otherwise on the
temporary disability retired list. Eligible employees may not take leave under this provision to
care for former members of the Armed Forces, former members of the National Guard or Reserves,
and members of the permanent disability retired list. This type of leave would be counted towards
the employee’s 12-week maximum of FMLA leave in a 12-month period.
Leave taken to care for an injured or ill servicemember or veteran, up to 26 weeks in duration, who
was injured or incurred an illness in the line of duty while on active duty in the Armed Forces (or
existed before the beginning of the member’s active duty and was aggravated by service in the line
of duty on active duty in the Armed Forces). FMLA leave already taken for other reasons will be
deducted from the total of 26 weeks available.
Limits on FMLA Leave
Leave to care for a newborn or for a newly placed child must conclude within 12 months after the
birth or placement of the child.
When both spouses are employed by Isle of Wight County, they are together entitled to a combined
total of 12 workweeks of FMLA leave within the designated 12 month period for the birth,
adoption, or foster care placement of a child with the employees; for aftercare of the newborn or
newly placed child; and to care for a parent (but not in-law) with a serious health condition. Each
spouse may be entitled to additional FMLA leave for other FMLA qualifying reasons. For
example, if each spouse took 6 weeks of leave to care for a healthy newborn child, each could later
use an additional 6 weeks due to his/her own serious health condition or to care for a spouse, child,
or parent with a serious health condition.
When both spouses are employed by Isle of Wight County and each wishes to take leave to care
for a covered injured or ill servicemember, each spouse may only take a combined total of 26
weeks of leave.
Intermittent or Reduced Work Schedule Leave
“Intermittent leave” is leave taken in separate blocks of time due to a single qualifying reason.
“Reduced work schedule leave” is leave that reduces an employee’s usual number of hours per
workweek or hours per workday, resulting in a reduced hour schedule. In all cases, the leave may
not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill servicemember
or veteran over a 12-month period).
Leave to care for a newborn or a newly placed child must be taken all at once, and may not be
taken intermittently or on a reduced work schedule.
Leave taken because of an employee’s own serious health condition, or to care for an employee’s
29
spouse, child, or parent with a serious health condition, may be taken all at once or, where
medically necessary, intermittently or on a reduced work schedule.
If an employee takes leave intermittently or on a reduced work schedule basis, the employee must,
when requested, attempt to schedule the leave so as not to unduly disrupt the County’s operations.
When an employee takes intermittent or reduced work schedule leave for the employee or
employee’s family member and for foreseeable planned medical treatment, the County may
temporarily transfer the employee to an alternative position with equivalent pay and benefits for
which the employee is qualified and which better accommodates the intermittent or reduced work
schedule.
Requests for FMLA Leave
All employees requesting FMLA leave must provide verbal or written notice of the need for the
leave to the Human Resources Department. Within five business days after the employee has
provided this notice, the Human Resources Department will complete and provide the employee
with the Department of Labor Notice of Eligibility and Rights. The employee will be provided
the Request for Family/Medical Leave form and submit it to the Human Resources Department.
When leave is foreseeable for childbirth, placement of a child or planned medical treatment for the
employee’s or family member’s serious health condition, the employee must provide the County
with at least 30 days advance notice, or such shorter notice as is practicable (i.e., within 1 or 2
business days of learning of the need for the leave). When the timing of the leave is not foreseeable,
the employee must comply with the County’s usual and customary notice and procedural
requirements for requesting leave, absent unusual circumstances.
Required Documentation
When leave is taken to care for a family member, the County may require the employee to provide
documentation or statement of family relationship (e.g., birth certificate or court document).
An employee shall be required to submit medical certification from a health care provider to
support a request for FMLA leave for the employee’s or a family member’s serious health
condition. Medical certification forms (Department of Labor Certification of Health Care Provider
for Employee’s Serious Health Condition form) are available in the Human Resources Department.
The employee must respond to such a request for medical certification within 15 days of the request
or provide a reasonable explanation for the delay. Failure to provide certification may result in a
denial of continuation of leave.
During FMLA leave, the County may request that the employee provide recertification of a serious
health condition at intervals in accordance with the FMLA. In addition, during FMLA leave, the
employee must provide the County with periodic reports regarding the employee’s status and intent
to return to work. The County may provide the employee’s health care provider with the
employee’s attendance records and ask whether the need for leave is consistent with the
employee’s serious health condition. If the employee’s anticipated return to work date changes
and it becomes necessary for the employee to take more or less leave than originally anticipated,
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the employee must provide the County with reasonable advance notice (i.e., within 4 business
days) of the employee’s changed circumstances and new return to work date. If the employee gives
the County notice of intent not to return to work, the employee will be considered to have
voluntarily resigned.
The County has the right to ask for a second opinion if it has reason to doubt the certification. The
County will pay for any such second opinion necessary.
To certify a qualifying exigency for military FMLA leave, the County will require certification
within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide
certification may result in a denial of continuation of leave. Qualifying exigency forms
(Department of Labor Certification of Qualifying Exigency for Military Leave form) are available
in the Human Resources Department.
To certify a serious injury or illness of the covered servicemember or veteran, the County will
require certification within 15 days of the request or provide a reasonable explanation for the delay.
Failure to provide certification may result in a denial of continuation of leave. Certification forms
(Department of Labor Certification for Serious Injury or Illness of Covered Servicemember form)
are available in the Human Resources Department.
FMLA leave may be delayed or denied if the appropriate documentation is not provided in a timely
manner. Also, a failure to provide requested documentation of the reason for an absence from work
may lead to termination of employment.
Use of Paid or Unpaid Leave
FMLA provides eligible employees with up to 12 (or 26) workweeks of unpaid leave. Therefore,
FMLA leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the
circumstances of the leave and the employee’s accrued paid leave available. An employee who is
taking FMLA leave because of the employee’s own serious health condition or the serious health
condition of a family member must use any qualifying paid leave prior to being eligible for unpaid
leave. Qualifying paid leave is leave that would otherwise be available to the employee for the
purpose for which the FMLA leave is taken. The remainder of the 12 (or 26) workweeks of leave,
if any, will be unpaid FMLA leave. Any paid leave used for an FMLA qualifying reason will be
charged against an employee’s entitlement to FMLA leave. The substitution of paid leave for
unpaid leave does not extend the 12 (or 26) workweek leave period.
An employee who is taking leave for the adoption or foster care of a child must use all paid annual
and personal leave prior to being eligible for unpaid leave. An employee who is using military
FMLA leave for a qualifying exigency must use all paid annual and personal leave prior to being
eligible for unpaid leave.
Designation of Leave
Within five business days after the employee has submitted the appropriate certification form, the
Human Resources Department will provide the employee with a written response to the
employee’s request for FMLA leave (using the Department of Labor Designation Notice). The
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County may provisionally designate the employee’s leave as FMLA leave if the County has not
received medical certification or has not otherwise been able to confirm that the employee’s leave
qualifies as FMLA leave. Sick leave may be run concurrently with FMLA leave if the reason for
the FMLA leave is covered by the established policy. Leave for the birth of a child and for an
employee’s serious health condition, including workers’ compensation leave (to the extent that it
qualifies), will be designated as FMLA leave and will run concurrently with FMLA. If the
employee has leave to be counted as FMLA leave, the employee must notify the Human Resources
Department within 2 business days of the employee’s return to work that the leave was for an
FMLA reason.
If an employee takes paid leave for a condition that progresses into a serious health condition and
the employee requests unpaid leave as provided under this policy, the County may designate all or
some portion of related leave taken as FMLA leave, to the extent that the earlier leave meets the
necessary qualifications.
Maintenance of Health Insurance Benefits and other Benefits
During FMLA leave, an employee is entitled to continued group health plan coverage at the same
level and under the same conditions as if the employee had continued to work. If the employee
chooses not to return to work for reasons other than a continued serious health condition of the
employee or the employee’s family member or a circumstance beyond the employee’s control, the
County will require the employee to reimburse the County the amount it paid for the employee’s
health insurance premium during the leave period.
To the extent that an employee’s FMLA leave is paid, the employee’s portion of health insurance
premiums will be payroll-deducted from the employee’s paycheck. While on unpaid leave, the
employee must continue to make this payment, either in person or by mail.
If the employee’s payment of health insurance premiums is more than 30 days late, the County
may discontinue health insurance coverage for the duration of the leave upon at least 15 days’
notice to the employee prior to the employee’s loss of coverage.
If the employee contributes to a life insurance plan, disability plan, or any other voluntary
contributions to benefit plans, the County will continue making payroll deductions while the
employee is on paid FMLA leave. While the employee is on unpaid FMLA leave, the County will
discontinue coverage during the FMLA leave. Upon the employee’s return from FMLA leave,
payroll deductions will recommence.
Return to Work From Approved Leave
Upon the return to work from approved FMLA leave that was twelve (12) workweeks or less in
duration, the employee will be restored to the position of employment held by the employee when
the leave commenced or restored to an equivalent position with equivalent status, benefits, pay,
and other terms and conditions of employment.
An employee that takes FMLA leave that was twelve (12) workweeks or less in duration may be
required to provide a fitness for duty clearance from the health care provider stating that the
employee is able to resume work and/or if there are any limitations. This requirement will be
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included in the employer’s response to the FMLA request.
An employee’s return to work may be delayed or denied if the appropriate documentation is not
provided in a timely manner. Also, a failure to provide requested documentation of the reason for
an absence from work may lead to termination of employment.
Limitations on Reinstatement
An employee is entitled to reinstatement only if he/she would have continued to be employed had
FMLA not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff,
reduction in force, or other reason, the employee would not be employed at the time job restoration
is sought.
The County reserves the right to deny reinstatement to salaried, eligible employees who are among
the highest paid ten (10) percent of the County’s employees employed within 75 miles of the
worksite (“key employees”) if such denial is necessary to prevent substantial and grievous
economic injury to the County’s operations.
Failure to Return to Work Following FMLA Leave
If the employee does not return to work following the conclusion of FMLA leave, the employee
will be considered to have voluntarily resigned. The County may recover health insurance
premiums that were paid on behalf of the employee during an unpaid FMLA leave except that the
County’s share of such premiums may not be recovered if the employee fails to return to work
because of other circumstances beyond the employee’s control. In such cases, the County may
require the employee to provide medical certification of the employee’s or family member’s
serious health condition.
Additional Information
For further information or clarification about FMLA leave, please contact the Human Resources
Department.
Section 5.13
(Adopted October 2, 2008)
Personal Leave
All full-time personnel are eligible to use two (2) days of sick leave per year for personal reasons.
Personal leave is intended to provide employee’s paid leave to perform volunteer work, to attend
school meetings/functions of the employee’s children, to accommodate religious observances, or
to meet the personal needs of the employee outside of the regular leave provisions.
Personal leave is non-cumulative and must be taken in the fiscal year granted. These days will not
be carried over to the next fiscal year, nor are they paid upon separation of employment. Unused
personal leave days will remain in the sick leave balance. A personal leave day must be scheduled
and approved in advance by the employee’s immediate supervisor.
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ARTICLE VI
Benefits
(Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006,
October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014,
December 18, 2014, April 1, 2015, April 16, 2015)
Section 6.0
Generally
Benefits are a privilege of employment and can be changed or revoked at any time. Benefits are
personal to the employee and cannot be assigned to other employees.
Section 6.1
Applicability
Benefits are available to all regular full-time employees.
Section 6.2
(Revised September 1, 2005; November 15, 2007; August 22, 2013; February 19, 2015)
Tuition Reimbursement
It is the intention of the Board of Supervisors to recognize, develop, and extend the skills of the
County’s workforce. It is the policy of the Board to encourage employees to enroll in
college/university coursework that will lead to their professional growth, expansion of skills, and
increased job competence. The Tuition Reimbursement Program provides reimbursement for
successful completion of college/university coursework.
Eligibility
Regular full-time employees of the County who have successfully completed their initial
probationary period are eligible to apply for tuition assistance. Such assistance is limited to six (6)
semester hours per fiscal year (July 1 through June 30). Reimbursement is dependent upon the
availability of funds.
Coursework must be directly related to the assignment of the employee and must be approved by
the Department Director prior to submission to Human Resources for approval. Application for
tuition assistance must be made to Human Resources for approval prior to registering or enrolling
in coursework. Course approval will not be granted after the first class session. Coursework
approval is nontransferable; each course requires a separate application.
Employees may be reimbursed for tuition costs only, at an accredited college or university, upon
successful completion of the course. Reimbursement will be a maximum of $300 per credit hour
for no more than six (6) credit hours per fiscal year; thus, the maximum tuition reimbursement an
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employee will receive in any given fiscal year will be $1,800. Successful completion shall mean
the attainment of a minimum of a "C" or its equivalent for undergraduate-level coursework, or a
minimum of a “B” or its equivalent for graduate-level coursework.
Qualifying Course and Subjects
Tuition assistance will be provided only when the coursework is directly related to the
employee’s current position, or is a requirement for an Associate’s, Bachelor’s, or Master’s
degree in a field directly related to the employee’s present job or promotional objective.
Class Hours
Classes should not be taken during an employee’s work hours unless the employee has obtained
permission from the Department Director to use earned annual leave or compensatory time.
Requirements for Reimbursement
This benefit is a reimbursement program.
institution upon registering for coursework.
The employee must pay the full tuition to the
Requests for reimbursement must be submitted along with an official transcript within thirty (30)
days of completion of the course.
Reimbursement for coursework will only be made to the employee upon receipt of an official
transcript and verification of payment in full to the college or university.
General Considerations
As a condition of receiving tuition reimbursement, an employee will be required to sign an
agreement whereby, in the event the employee separates from the County’s employ within one
(1) year after receipt of tuition assistance, he/she will be required to repay all funds expended by
the County within sixty (60) days. If the former employee fails to do so, the County will pursue
collection in the same manner and by the same means as it would collect other debts and deem
the former employee ineligible for rehire.
Availability of funding for the Tuition Reimbursement Program may be suspended at any time.
Section 6.3
Holidays
(Revised October 4, 2007, July 1, 2008, December 18, 2014, April 16, 2015)
Isle of Wight County shall observe the following holidays and other such holidays as may be
prescribed by the Board of Supervisors or by the Governor of the Commonwealth of Virginia:
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New Year’s Day
Lee/Jackson Day
King Day
Washington’s Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Christmas Day
First day of January
Friday preceding Third Monday in January
Third Monday in January
Third Monday in February
Last Monday in May
Fourth day of July
First Monday in September
Second Monday in October
Eleventh day of November
Fourth Thursday in November and the day
after Thanksgiving Day
Twenty-fifth day of December and the day before or
after Christmas Day
If any holiday falls on Saturday, the Friday preceding the holiday shall be observed. If the holiday
falls on Sunday, the following Monday shall be observed. The Board of Supervisors may adjust
the schedule to accommodate special circumstances.
All regular full-time employees shall be entitled to holiday time off with pay equal to the
employee’s regularly scheduled hours of work. All regular part-time employees (those regularly
scheduled for 20-29 hours per week) shall be entitled to time off with pay equal to four (4) hours.
An employee forfeits eligibility to be compensated for the holidays observed by the County unless
the employee works the last scheduled work day before the holiday and the first scheduled work
day after the holiday or is on approved leave with pay.
If a regular non-exempt full-time employee, except for employees assigned to a 28-day cycle
within the Department of Emergency Services, is required to work on a holiday, he/she shall
receive his/her regular rate of pay for all hours worked plus compensatory time off. Since regular
non-exempt full-time employees assigned to a 28-day cycle, as authorized within the 7k work
period exemption within the Fair Labor Standards Act, within the Department of Emergency
Services regularly work holidays as part of their normal work schedule, these employees will be
given a substitute holiday, which will be observed on another working day. These employees will
receive the substitute holiday regardless of whether the employee works on the holiday or not.
Substitute holidays must be taken within six (6) months after actual holiday observance or will be
forfeited. One day of holiday leave for non-exempt full-time employees assigned to a 28-day cycle
is equal to twelve (12) hours. Partial holidays will be prorated (i.e. – half day holiday leave equals
to six (6) hours, etc.).
If an exempt employee is required to work on a holiday, he/she shall receive compensatory time
off equal to the hours worked to be taken another time. If any part-time employee is required to
work on a holiday, regardless of his/her status, he/she shall receive pay at the rate of time and a
half for all hours worked on the holiday. Assignments for work on a holiday must be approved in
advance by the department head or his/her designated representative. Given that the County
recognizes the preceding Friday or following Monday but an eligible employee may be required
to work on the actual holiday, the employee will be eligible for holiday pay in accordance with
this holiday for any hours worked on both the day the County recognizes the holiday and for any
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work on the actual holiday.
An employee who has an unexcused absence for any part of the workday preceding or following
a holiday shall not receive holiday pay. An employee who is on approved leave with pay during
a period in which a holiday falls, shall not be charged leave for the observed holiday. An employee
who is on military leave with pay during a period in which a holiday falls, shall not receive any
additional pay or compensatory leave for the holiday. An employee on Workers’ Compensation
Leave will not receive holiday pay. In the case of an employee who terminates employment and
the last day actually worked is the last work day before a holiday, the employee is not eligible for
holiday pay unless the holiday is the last day of the pay period and the employee has been on active
status for the full pay period.
For Religious or other National Holidays, with leave approved by the supervisor, an employee
may request authorized leave with pay as follows:


Request charged to compensation time off (if applicable)
Request charged to annual or personal leave
Section 6.4
(Revised December 15, 2005, October 4, 2007, April 1, 2015)
Virginia Retirement System
The County shall provide membership in the Virginia Retirement System (VRS) in the appropriate
state retirement plan for all employees who are eligible under the rules and regulations of the
system. Employees are required to contribute to the applicable plan in which they are enrolled and
the County pays the employer contribution on behalf of the employee, which varies based on the
applicable plan.
IRS Section 457 Deferred Compensation Plan
The County sponsors a deferred compensation plan to allow full-time employees to save a portion
of their pretax salary for retirement purposes. The County matches up to $35.00 per month.
Participation in this plan is voluntary.
VRS Disability Retirement
An employee under the age of 65 who becomes mentally or physically unable to perform his/her
present duties because of a disability that is likely to be permanent are eligible to apply for
disability retirement. Employees are eligible on the first day of employment, provided the
disability did not exist at the time of employment. This program is administered through the
Virginia Retirement System, and the County pays the full cost on behalf of its employees.
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Section 6.5
Life Insurance
All regular full-time employees are eligible for coverage through the Virginia Retirement System
Life Insurance program. A medical examination is not required to receive this coverage, and the
County pays the full cost. This group term program provides a death benefit equal to the
employee's annual salary rounded up to the next higher thousand and then doubled.
Optional Life Insurance
Employees may, at their own expense, purchase additional life insurance for themselves as well as
coverage for their spouses and children through the VRS-sponsored program. If an employee
applies for benefits up to $250,000 within the first 31 days of employment, additional evidence of
insurability is not required. If an employee applies for benefits in excess of $250,000 an Evidence
of Insurability form is required. Application for optional life received after the first 31 days of
employment may require Evidence of Insurability.
Section 6.6
Worker's Compensation
(Revised January 17, 2002; October 16, 2006, November 20, 2014)
In compliance with the Virginia Worker’s Compensation Act, the County is committed to ensuring
that all full-time and part-time employees incurring a work related injury or disease would receive
worker’s compensation benefits.
At no cost to employees, the County provides Worker’s Compensation insurance that covers any
injury or illness which results from an injury incurred during the course of employment. The
County provides all of the benefits identified by the Virginia Worker’s Compensation Act.,
including payment of covered medical expenses and lost wages.
Work-Related Injury, Illness and Substance Exposure Reporting
Immediately following every work related injury, illness or substance exposure the affected
employee is required to notify his/her supervisor in person or by phone as soon as possible.
Prompt reporting ensures timely processing of a worker’s compensation claim. Failure to do so
will impede processing of the claim and can lead to denial of the claim.
Upon notification of an injury, illness or substance exposure incident the supervisor is required
to notify the Risk Management Coordinator, in person or by phone. Notification should be
made as soon as possible after the occurrence, but no later than 24 hours after the injury. In cases
where an injury results in any of the following; an employee being admitted to the hospital, an
amputation, or a fatality, notification must be made immediately so that the Risk Management
Coordinator can make the mandated notification to Occupational Safety and Health Administration
(OSHA) within the required 8 hour timeframe.
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If applicable, upon completion of the initial visit to the doctor the employee is required to report
back to his/her supervisor and the Risk Management Coordinator, in person or by phone, to provide
an update of his/her condition and return to work instructions. The employee is further required
to provide an update of his/her condition after each subsequent visit to the doctor.
First Reporting Procedure
After notification of an injury, the supervisor will instruct the injured employee to initiate the
workers’ compensation reporting process by following the procedure outlined in the First Report
of Injury, Illness or Substance Exposure - Standard Operating Procedure located on Central at
HR/Workers Compensation/Forms/First Report of Injury. Reporting must take place before
medical treatment is sought, unless there is a medical emergency. In this case, the supervisor will
make the First Report of Injury.
Panel Doctors and Medical Treatment
In accordance with the Virginia Workers’ Compensation Act, the County has established a panel
of physicians to furnish medical care for all workers’ compensation claims. The employee must
select a primary care physician from the panel for his/her medical bills to be covered under
workers’ compensation. The employee will be presented with the panel doctors during the First
Report of Injury process. If an employee elects to use a physician who is not on the authorized
list, the treatment will be incurred at the employee’s expense. To ensure receipt of maximum
benefits pertaining to payment of medical expenses and workers’ compensation payments, an
employee must accept medical treatment and keep appointments with the authorized physician.
Emergency Situations
In an emergency situation, the primary objective is to obtain immediate medical care for the injured
employee. In this situation the following guidelines should be followed.
1. Obtain Emergency Care – Obtain emergency care as dictated by the situation.
2. First Reporting – The supervisor will initiate the injury reporting process by following
the procedure outlined in the First Report of Injury, Illness or Substance Exposure Standard Operating Procedure located on Central at HR/Workers
Compensation/Forms/ First Report of Injury and will report the injury to the Risk
Management Coordinator.
3. Panel Doctor – The employee is required to select a panel doctor as soon as they can
after receiving emergency medical treatment. The panel doctor will perform follow-up
care, and will serve as the coordinator for specialist care.
Workers’ Compensation Claims Processing
The County’s insurance carrier will use the First Report of Injury to make a determination,
including investigation if needed, to establish whether the claim meets the requirements of
compensability as defined by the Virginia Workers’ Compensation Act. If a claim is denied, the
employee may seek an appeal through the Workers’ Compensation Commission.
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Medical Bills
The Virginia Workers’ Compensation Act provides for the payment of reasonable and customary
medical services associated with treatment for a workers’ compensation claim. This includes
physician and hospital services as well as prescription drugs. Medical bills should be sent from
the provider to the County’s insurance carrier. If the injured employee receives medical bills for
an approved workers’ compensation claim, the bills should be forwarded to the County’s insurance
carrier. Contact the Risk Management Coordinator for insurance carrier contact information and
assistance.
Lost Wage Payments
The Workers’ Compensation Act provides lost wage payments when an employee is unable to
work due to a compensable injury, in the amount of 66.66 percent of the injured employee’s
average weekly wage (AWW). The AWW is determined by calculating the weekly average of the
employee’s gross wage for 52 weeks prior to the date of injury.
Compensation for an approved compensable injury shall begin when the injured employee is out
of work for more than seven (7) calendar days, commonly referred to as the “waiting period”, as
provided by the Virginia Workers Compensation Act. An injured employee can elect to use either
accumulated sick and/or annual leave for County business days occurring during the waiting
period. After the required “waiting period”, the injured employee shall not receive compensation
from the County; however, the employee shall receive compensation directly from the County’s
Worker Compensation insurance carrier in accordance with the Worker’s Compensation Act.
Only in cases where the injured employee’s compensable injury extends their absence beyond
twenty-one (21) calendar days, the County’s workers compensation insurance carrier shall forward
compensation to the injured employee as compensation for missed work during the
aforementioned “waiting period”. The employee has the option to retain said compensation for
the “waiting period” and forfeit the sick and/or annual leave used or forward the compensation
check to the County for reinstatement of leave taken during the waiting period.
Employees receiving worker’s compensation benefits shall not accrue sick or vacation leave
during their absence if workers compensation benefits are provided to an employee for more than
half of the month. The County will continue to provide Group Life Insurance Benefits as well as
the County’s portion of the health insurance premium during the time of approved workers
compensation leave from work. The employee shall be responsible for the employee portion of
the health insurance premium and any other employee paid benefit. If an employee is unable to
pay for any employee portion of an elected benefit, the benefit shall be terminated and reinstated
upon the injured employee’s return to work or eligibility period of the program, whichever is
applicable to the benefit. Should an injured employee not return to full time or modified duty
within a six month period from the date of injury, the County reserves the right to review and
determine the employee’s eligibility for County paid benefits.
If the injured employee was injured while under the influence of alcohol or another controlled
substance, coverage by worker’s compensation insurance may be denied.
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Alternate Duty
The County supports alternate duty assignments for employees who are recovering from injuries.
Alternate duty offers employees a chance to return to work at a capacity and duration approved by
the panel doctor. The employee will be considered for productive assignments within his/her
current department or another department if an assignment is not available in his/her department.
Employees are encouraged to return to work in an alternate duty capacity whenever possible.
Employees will receive their normal pay while in an alternate duty assignment provided they work
full time. Employees who are restricted to limited hours will receive workers’ compensation lost
wage payments for the hours they miss due to injury. Failure to report to an available alternate
duty assignment will result in discontinuation of lost wage benefits and the employee will be
considered to be on unapproved leave.
Alternate duty assignments will not exceed six months. After six months from the date of injury,
the panel physician should be able to indicate whether the employee is able to return to the full
duties of his/her position or if work limitations will be permanent.
In the event the employee is still being treated for the injury, and a final prognosis cannot be made,
the alternative duty assignment may be extended if approved by the Department Director and the
County Administrator and if it does not impede operations. In the event of a permanent limitation,
job accommodations and position transfer will be explored as options for the employee.
Leave Records
Employees are required to complete their leave record reflecting time missing from work due to
injury and time at work while under work restrictions. The following codes are used to reflect
these hours:
W
Workers’ Compensation - Hours missed from work due to work-related injury. This also
includes time for doctor appointments. Treatment and time missed must be for an approved
workers’ compensation claim. If a claim is denied, any “W” code used must be changed
to an “S” code for sick leave.
AD
Alternate Duty – Hours the employee works in alternate duty or with restrictions
prohibiting the employee from performing his/her normal job/or restrictions on the number
of hours per day an employee may work.
S
Sick Leave – Hours missed in accordance with the County sick leave policy. Additionally,
hours missed for a work-related injury during the “waiting period” can be designated as
sick leave.
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Section 6.7
Employee Service Awards
The County realizes the value of having a long-term and dedicated work force. In recognition of
the value of the effort, time, and ability of County employees, the County has established a system
of acknowledging and rewarding employees for their years of service to the County.
Regular full-time employees shall be recognized and rewarded for their years of service with Isle
of Wight County in accordance with the following schedule:
a.
b.
c.
d.
e.
Five Years of Service
Ten Years of Service
Fifteen Years of Service
Twenty Years of Service
Twenty-five Plus Years of Service
Section 6.8
Spot Awards Program Policy
Purpose:
The County is proud of its growing workforce of caring, competent, and dedicated employees and
has established a Spot Award Program to recognize, appreciate, and reward employees for
outstanding public service. This program provides rewards to selected employees who perform
beyond expectations and serves to highlight the excellence that exists in all areas and job functions
across the County. Employee recognition can be given in many ways, including but not limited
to, offering verbal praise or providing professional development opportunities. Many studies on
the work place have shown that being recognized for achievements, knowing that one’s
contributions matter to the organization, and the opportunity for growth and professional
development have a considerable impact on employee satisfaction and commitment.
Participation:
The Spot Awards Program is designed to promote the fair and equitable recognition of individuals
and teams who demonstrate superior service in advancing the County’s overall goals and
objectives. Awards will not be granted to employees for the performance of their normal work
duties; accomplishments that are routine and within the duties outlined in their position
description; or behavior that is generally expected of Isle of Wight County employees.
Program Details:
1. Spot Awards provide supervisors with a way to instantly recognize employees for a specific
accomplishment, activity, knowledge or skill, or completion of a major project in a manner or
result that is above and beyond the expectations of the employee. Awards will be approved
by the Department Director and rewarded as quickly as possible after the event occurs.
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2. All full-time and part-time employees of the County shall be eligible for this award.
3. Semi-annually (January 1, July 1), a specified number of gift certificates will be allocated to
each department by the Department of Human Resources. It will be up to each Department
Director to authorize the distribution of these awards. Once the awards have been distributed
for a period, no additional awards will be available until the next scheduled allotment.
4. The designated supervisor will present the award directly to the employee as soon as possible
after approval from the Department Director. This recognition is designed to be given to
employees as instant recognition for an accomplishment.
5. The issuing Department Director must notify Human Resources in writing within seven (7)
business days after a Spot Award has been issued. The notification will detail the employee
who has received the reward and documentation as to why they were deserving of the special
recognition.
6. Any awards that are not given out each period may be carried over and used in the next period.
7. A reconciliation of awards distributed to Departments and awards remaining in inventory will
be performed semi-annually at the closure of each period with certified documentation
provided to the Finance Department for review and retention for audit purposes.
8. A summary of recipients and detail of the special recognition will be prepared each semiannual period by the Department of Human Resources and provided to the County
Administrator for program review by the end of the month following the period closed.
9. Allotment of awards will be provided semi-annually in proportion to employee counts per
department as determined by funding approved in the annual operating budget.
a. At the commencement of each semi-annual period (July 1 and January 1), Department
Directors will be issued a pre-determined number of awards based upon the current
employee count within the department.
b. Upon the request of and approval by the County Administrator, four (4) additional awards
will be available each period for special circumstances at the recommendation of the
Director of Human Resources.
Section 6.9
Retiree Benefits
All regular full-time employees having 1) a minimum of fifteen (15) years of continuous
employment with the County, thirty (30) years of cumulative services with the County, or less
than fifteen years of continuous employment with the County who have retired due to line-of-duty
injuries, and 2) having been approved to receive retirement benefits from the Virginia Retirement
System shall be eligible to continue coverage on the County’s life, accident, and health insurance
43
programs. Such coverage will be provided until the employee is eligible for Medicare coverage
and will be provided at the retiree’s expense for 100% of the premium requirement. Coverage will
be provided to the retiree only and will exclude any spouse and/or dependent coverage. Retirees
who elect this provision and subsequently terminate participation in the plan may not thereafter
rejoin the plan. This policy shall apply retroactively to all active employees as of January 1, 2003.
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ARTICLE VII
Disciplinary Policy
(Revised February 2, 2006, April 1, 2015)
Section 7.0
(Revised February 2, 2006, April 1, 2015)
Disciplinary Policy
There is an exemplary standard of conduct expected of each employee of the County. It is
generally interpreted to mean that an employee will conduct himself/herself in a manner
compatible with public service. It is also the responsibility of the employee to perform his/her
duties to the best of his/her ability and to the standards set forth in the job description. County
employees also have the duty and responsibility to be aware of and abide by existing policies,
procedures, rules and regulations. No employee shall be disciplined for political or religious
reasons or for any other unlawful cause. Where practical, the County's disciplinary procedure shall
be progressive in nature.
Supervisor Responsibility
The immediate supervisor must approach corrective measures in an objective manner. If the
employee’s performance of an assigned task is the issue, the supervisor should generally look to
see that proper instructions, appropriate orientation, and training have been given and that the
employee is aware of job expectations. Not only single incidents, but also patterns of poor
performance should be of concern as these are indicative of overall performance. If misconduct is
the issue, the supervisor should take steps to insure the employee has been made aware of the
County’s policies and regulations regarding the infraction. Disciplinary actions should also include
a plan for correction that is clearly communicated with the employee.
Section 7.1
Purpose
The purpose of this disciplinary policy is to provide supervisors with a fair and objective guide for
determining the seriousness of an employee's unsatisfactory work performance or misconduct and
selecting the appropriate disciplinary action to correct the unacceptable behavior.
Section 7.2
Definitions
Oral Reprimand - A oral reprimand shall be defined as a discussion between the supervisor and
the employee where the employee is advised and cautioned about his/her unsatisfactory work
performance or misconduct. In order to officially be recorded as an oral reprimand, the oral
45
reprimand shall be documented on the County’s Employee Corrective Action Form and placed in
the employee's personnel file. Oral reprimands are not grievable. No oral reprimand shall be given
without prior approval by the department of Human Resources.
Written Reprimand - A written reprimand shall be defined as written documentation to the
employee from the supervisor wherein the employee is advised and cautioned about his/her work
performance or misconduct. The written reprimand shall be documented on the County’s
Employee Corrective Action Form and placed in the employee’s personnel file. No written
reprimand shall be given without prior approval by the department of Human Resources.
Suspension - A suspension shall be defined as temporarily prohibiting an employee from
performing his/her duties as a result of the employee’s unsatisfactory work performance or
misconduct. An employee may be suspended without pay for a period not to exceed 15 workdays
with the approval of the department of Human Resources. The suspension period shall be without
pay. With the approval of the County Administrator, an employee may be suspended for a longer
period. The suspension shall be documented on the County’s Employee Corrective Action Form
and placed in the employee’s personnel file. No suspension shall be given without prior approval
by the department of Human Resources.
Disciplinary Demotion - A disciplinary demotion shall be defined as The reassignment of an
employee to a lower pay grade. An employee who receives a disciplinary demotion shall receive
a decrease in salary with the approval of the department of Human Resources. The disciplinary
demotion shall be documented on the County’s Employee Corrective Action Form and placed in
the employee’s personnel file. No demotion shall be valid without prior approval by the
department of Human Resources.
Dismissal - A dismissal shall be defined as an involuntary separation from employment initiated
by the County as a result of the employee's unsatisfactory work performance or misconduct. The
dismissal shall be documented on the County’s Employee Corrective Action Form or in some other
approved written manner and placed in the employee’s personnel file. No dismissal shall be valid
without the prior approval by the department of Human Resources.
Section 7.3
Applicability
All employees within departments which are a part of the classified service shall be covered under
this policy. All levels of supervision shall be responsible for the uniform orientation of employees
regarding this policy and its fair and equal enforcement.
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Section 7.4
Policy
The County supports the use of progressive discipline to address conduct issues such as poor work
performance or misconduct and to encourage employees to become more productive workers and
meet County standards and expectations.
The County reserves the right to administer appropriate disciplinary action for all forms of
disruptive and/or inappropriate behavior. Each situation will be dealt with on an individual basis.
The County has established general guidelines to govern the conduct of its employees. No list of
rules can include all instances of conduct that can result in discipline and the examples below do
not replace sound judgment or common sense behavior. Examples of employee conduct that would
lead to discipline and the usual course of disciplinary action have been separated into three groups,
according to the severity and impact of the infraction. Violations may warrant differing levels of
discipline depending on the level of seriousness. The severity of the discipline chosen by the
supervisor must be proportionate to the seriousness of the offense. The County always reserves
the right to determine the appropriate level of disciplinary action, including but not limited to
disciplinary demotion, oral and written reprimands, suspension, and dismissal. For inadequate or
unsatisfactory job performance, the supervisor may, with approval of the County Administrator,
place an employee on probationary status. In the event the employee has not achieved satisfactory
performance by the end of the probationary period, he/she may be discharged in accordance with
the provisions of Section 4.9. Below are some examples of offenses that may lead to disciplinary
action. The list is not meant to be all-inclusive or in any way limit the County’s ability to take
disciplinary action for offenses not included on this list.
First Group Offenses (Examples Only)

Unsatisfactory attendance or tardiness;

Abuse of County time, such as:
o Unauthorized time away from work area; or
o Failure to notify supervisor promptly of completion of assigned work
o Abusing meal periods

Obscene or abusive language;

Contributing to unsanitary or unsafe conditions

Violating the chain of command as described in Article VIII concerning issues arising in
the workplace
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Second Group Offenses (Examples Only)

Failure to follow supervisor's instructions, perform assigned duties timely, correctly,
competently, or at an adequate level of production or otherwise comply with applicable
established written policy;

Insubordination;

Incompetency or inefficiency;

Leaving the work area without proper notice to supervisor;

Unauthorized use or misuse of County property or records;

A moving traffic violation while using County vehicles;

Violating safety rules where there is not a threat to life;
Third Group Offenses (Examples Only)

Absence or leave in excess of three (3) work days without a satisfactory explanation;

Use of alcohol or unlawful use or possession of controlled substances while on the job, or
reporting to work when under the influence of alcohol or controlled substances;
Falsifying any records such as, but not limited to: vouchers, reports, insurance claims, time
records, leave records, or other official records;


Willfully or negligently damaging or defacing County records or County or employee
property;

Theft or unauthorized removal of County records or County or employee property;

Acts of physical violence or fighting;

Engaging in sexual activities while on the job or on County property;

Violating safety rules where there is a threat to life;

Sleeping during working hours;

Willful dereliction of duty

Participating in any kind of work slowdown, sit down, or similar concerted interference
with County operations;
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
Unauthorized possession or use of firearms, dangerous weapons or explosives;

Threatening or coercing employees or supervisory personnel;

Criminal convictions for acts of conduct occurring on or off the job which are related to
job performance or are of such a nature that to continue the employee in the assigned
position could constitute negligence in regard to the department's duties to the public or to
other County employees;

Violations of the County’s Non-Discrimination and Anti-Harassment Policy;

Demonstrating insubordination, including but not limited to:
o Refusal to do an assigned job
o Refusal to work overtime when required
o Refusal to accept holiday work when assigned
o Intentional delay in carrying out an assignment
Supervisors may account for mitigating circumstances in determining discipline, but they must
document any such mitigating circumstances in writing.
All disciplinary actions, with the exception of oral reprimand, are appealable through the grievance
procedure.
Procedural steps for imposing discipline are set forth on the following pages. The failure of a
supervisor to follow these procedural steps will not, of itself, render the discipline invalid or
improper. However, the supervisor's failure to follow the procedure may be separately grieved by
an employee and may be included in an evaluation of the supervisor's job performance.
Section 7.5
Reprimands
Reprimands are given for offenses which are less severe in nature but which require correction in
the interest of maintaining a productive and well- managed work force. The form of the reprimand
may be either oral or written.
a.
A supervisor should first discuss the offense with the employee and advise him/her of
the need for correction. If the situation is not corrected, the employee should be given
an Employee Corrective Action Notice designating the reprimand as either an Oral or
Written Reprimand and emphasizing the need for correcting his/her behavior.
b.
No reprimand shall be relied upon as a basis for further disciplinary action unless it is
documented in writing and a copy forwarded to the Human Resources Department for
inclusion in the employee's official personnel file.
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c.
Once a reprimand is reduced to writing, as provided above, a copy shall be hand
delivered and signed “received” by the employee or mailed to the employee by certified
mail (return receipt requested) if hand-delivery is not practical.
d.
Written Reprimands shall be cumulative in nature and shall remain on file.
Section 7.6
Suspensions
Suspensions are given for acts of conduct of a more serious nature, including unsatisfactory work
performance or misconduct, which continues after discipline has been imposed. Corrective action
for these offenses include a meeting between the employee and the supervisor, if possible, prior to
the suspension being imposed, a written notice including the items listed below and suspension
without pay. Employees may not be suspended in excess of fifteen 15) work days for an offense
of this nature.
Prior to suspending or dismissing an employee, the department director or supervisor must:
a.
Meet with the employee to discuss the problem and provide the employee an
opportunity to respond in written form by the close of the next business day;
b.
Review the employee's responses and any available information regarding the
problem; and
c.
Prepare a written statement of the problem, the employee's response, a summary of
findings, action being taken, a warning to what further disciplinary action could
result if the situation is not corrected and a statement of the employee's right to
appeal (if any) in accordance with the County's grievance policy.
A written notice of suspension shall be hand delivered and signed received or mailed certified mail
(return receipt requested) to the employee. The items listed below shall be included in the written
notice:
a. A statement of the reason(s) for the suspension;
b. A warning of what further disciplinary action could result, if the situation is not corrected;
c. A statement of the employee's response to the reasons for the suspension as indicated in
the meeting between the supervisor and the employee; and if a meeting was not possible
prior to the suspension being imposed, the reason that a meeting could not take place should
be stated in the letter.
d. A statement of the employee’s right to appeal (if any) in accordance with the County's
grievance procedure.
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A copy of such written notice shall be forwarded to the Human Resources Department for inclusion
in the employee's official personnel file.
Section 7.7
Disciplinary Demotion
Disciplinary demotions can occur as an intermediate discipline or as an alternative to termination
in second or third group offenses, or in cases of continued commission of first group offenses after
discipline has been imposed.
a. An effort should be made by the supervisor to meet with the employee prior to imposing the
demotion. The employee should be given the opportunity to respond to the reasons for the
proposed action.
b. A written notice of the demotion shall be hand delivered or mailed to the employee by certified
mail (return receipt requested). The items listed below shall be included in the written notice.
1.
A statement of reasons for the demotion;
2.
In cases where the demotion is not voluntary, a warning of what further disciplinary
action could result, if the situation is not corrected;
3.
A statement of the employee's response to the reasons for the demotion as indicated in
the meeting between the supervisor and the employee; and if a meeting was not possible
prior to the demotion, the reason that a meeting could not take place should be stated.
4.
A statement of employee's right to appeal (if any) in accordance with the County's
grievance policy, unless the demotion is voluntary.
c. A copy of such written notice shall be forwarded to the Human Resources Department for
inclusion in the employee's official personnel file.
d. A demotion shall not be used as a disciplinary action if the employee involved cannot qualify
for the lower-ranked position or if the demotion would require the displacement of another
employee.
Section 7.8
Dismissal
An employee is dismissed for acts and behavior of such a serious nature that a first occurrence
should normally warrant termination and for unsatisfactory performance or misconduct of a less
serious nature which continues after discipline has been imposed for prior poor work performance
or misconduct.
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An effort should be made by the supervisor to meet with the employee prior to the dismissal. The
employee should be given the opportunity to respond to the reason(s) for the proposed action. A
written notice shall be hand delivered or mailed certified mail (return receipt requested) to the
employee if hand-delivery is not practical. The items below shall be included in the written notice.
1.
A statement of the reason(s) for dismissal;
2.
A statement of the employee's response to the reasons for the dismissal as indicated
in the meeting between the supervisor and the employee; and if a meeting was not
possible prior to the dismissal, the reason that a meeting could not take place should
be stated in the letter;
3.
A statement of the employee's right to appeal (if any), in accordance with the
County's grievance policy.
A copy of such written notice shall be forwarded to the Human Resources Department for inclusion
in the employee's official personnel file.
Section 7.9
Non-Disciplinary Suspension Provisions
In addition to the suspensions provided for in the preceding pages, suspensions with or without
pay may occur for the following reasons, subject to the limitations noted.
a.
Immediate Suspension
Nothing in this policy shall prevent the immediate suspension of an employee whose
continued presence on the job is deemed to be a substantial and immediate threat to the
welfare of the employee's department or to the welfare of the public, or where such
continued presence could constitute negligence in regard to the department's duties to the
public or to other County employees. Such suspension may be imposed in any of these
situations with the prior approval of the affected department director or his/her designee,
Director of Human Resources or his/her designee and the County Administrator or his/her
designee. Where such suspension must be imposed at a time other than normal working
hours, the County Administrator shall be notified and consulted at the beginning of the next
work day.
c.
Suspension Pending Court Action or Official Investigation
An immediate suspension shall be warranted where there is a criminal prosecution or
official investigation involving alleged criminal violations that occur on or off the job and
are related to job performance or are of such a nature that to continue the employee in the
assigned position could constitute negligence in regard to the department's duties to the
public and to other County employees.
52
Upon completion of such court action or official investigation, the employee may be
disciplined or removed or may be reinstated. The County Administrator shall not be bound
by the outcome of court action or official investigation but may refer to such outcome and
the findings in making a final decision. (Official investigation shall be interpreted to
include only those investigations conducted by Federal, State or local government law
enforcement agencies.)
d.
Suspension Pending Department Disciplinary Investigation
An immediate suspension may be imposed pending completion of a disciplinary
investigation into misconduct or violation of established work rules; provided, however,
that before such a suspension is imposed the department director must find that the
employee's continued presence on the job would present a substantial and immediate threat
to the welfare of the department or the public, or that it could constitute negligence on the
part of the County in regard to the department's duties to the public or to other County
employees. Such suspension may be imposed in any of these situations with the prior
approval of the affected department director or his/her designee, Director of Human
Resources or his/her designee and the County Administrator or his/her designee. Where
such suspension must be imposed at a time other than normal working hours, the County
Administrator shall be notified and consulted at the beginning of the next work day.
If the employee is cleared of any such alleged violations, the employee shall be reinstated.
Section 7.10
Mitigating Circumstances
Mitigating circumstances include those conditions related to a given offense that would serve to
support a reduction or corrective action in the interest of fairness and objectivity. Mitigating
circumstances may also include consideration of an employee's length of service with a history of
satisfactory work performance.
Section 7.11
Not All Inclusive
The offenses listed in this policy are not intended to be all-inclusive. Accordingly, conduct which,
in the judgment of the department director, although not listed, seriously undermines the
effectiveness of the agency's activities or the employee's performance, should be treated consistent
with provisions of this policy. A record of such offenses must be filed with the Director of Human
Resources and County Administrator.
Section 7.12
Not All Inclusive
53
The offenses listed in this policy are not intended to be all-inclusive. Accordingly, conduct which,
in the judgment of the department director, although not listed, seriously undermines the
effectiveness of the agency's activities or the employee's performance, should be treated consistent
with provisions of this policy. A record of such offenses must be filed with the Director of Human
Resources and County Administrator.
Section 7.13
Right to Grieve Disciplinary Action
All regular full-time and regular part-time employees in the classified service, who have completed
their probationary period, may grieve disciplinary actions in accordance with the grievance
procedure in Article VIII.
ARTICLE VIII
Grievance Procedure
54
Section 8.0
Policy
Isle of Wight County desires to resolve employee grievances fairly and promptly. Employees are
encouraged to freely discuss their concerns with immediate supervisors and upper management
levels when disagreements or dissatisfactions arise. The County shall strive for equitable treatment
of all employees and by doing so attempt to alleviate the occurrence of grievances. Most issues
may be resolved through discussion, but alternatives are necessary when discussion is not
effective.
Section 8.1
Purpose
The purpose of the County’s grievance procedure is to establish an objective and fair method of
resolving an employee's complaint or dispute concerning his/her employment with the County by
allowing employees to bring their concerns to upper levels of management. All problems,
complaints or disputes, even of a minor nature, should be resolved with the least amount of delay.
It is the County’s intent that this policy comply fully with state law. In cases of conflict, the laws
of the Commonwealth of Virginia shall govern. Questions concerning the grievance procedure
should be directed to the Human Resources Department.
Section 8.2
Applicability
Unless otherwise provided by law, all non-probationary local government regular full-time and
part-time employees are eligible to file grievances with the following exceptions:
a.
Appointees of elected groups or officials;
b.
Officials and employees who by statute, ordinance or other law serve at the will or
pleasure of the Board of Supervisors;
c.
Deputies and executive assistants of the County Administrator;
d.
Agency, department heads, or chief executive officers, or Assistant County Attorneys
of County operations;
e.
Employees whose terms of employment are limited by law;
55
f.
Temporary, limited term and seasonal employees;
g.
Law enforcement officers as defined in Chapter 10.0 (Section 2.1-116.1 et seq.) of Title
2.1 of the Code of Virginia whose grievance is subject to the provisions of Chapter 10.0
and who have elected to proceed pursuant to the provisions in the resolution of their
grievance, or any other employee electing to proceed pursuant to any other existing
procedure in the resolution of his/her grievance;
h.
i.
Firefighter and Emergency Medical Technicians who elect to proceed under the
Firefighter and Emergency Medical Technicians Procedural Guarantee Act, section
9.1-500 et seq. (sometimes known as the firefighter's bill of rights);
Members of boards and commissions;
j.
Volunteers;
k.
Constitutional Officers;
l.
Consultants and legal counsel rendering professional services;
m.
Probationary employees;
n.
Individuals whose employment with the county has been terminated as a result of
resignation, reduction in force, or retirement.
Notwithstanding the exceptions set forth above, the County, at its sole discretion, may voluntarily
include employees in any of the excepted categories within the coverage of their grievance
procedures.
Section 8.3
A. Definition of Grievance
A grievance shall be defined as a complaint or dispute by an employee relating to his/her
employment, but not necessarily limited to the following grievable issues:
(1)
The disciplinary actions of written reprimand, disciplinary demotions, dismissals,
and suspensions;
(2)
Concerns regarding the application, meaning, or interpretation of personnel
policies, procedures, rules, and regulations;
(3)
Discrimination in any employment practice based on the employee's race, color,
creed, sex, age, religion, national origin, disability or political affiliation;
(4)
Acts of retaliation as the result of the use of or participation in the grievance
procedure or because the employee has complied with any law of the United
56
States or of the Commonwealth of Virginia, has reported a violation of such law
to a governmental authority, has sought any change in law before the
Congress of the United States or the General Assembly, or has reported an
incidence of fraud, abuse, or gross mismanagement.
B. Management Responsibilities
Management reserves the exclusive right to manage the affairs and operations of County
government. Accordingly the following complaints are not grievable under this procedure:
a. Establishment and revision of wages or salaries, positions, job titles or general
benefits;
b. Work activity accepted by the employee as a condition of employment or work
activity which may reasonably be expected to be a part of job content;
c. Contents of ordinances, statutes or established personnel policies, procedures, rules
and regulations;
d. Failure to promote except where the employee can show that established
promotional policies or procedures were not followed or applied fairly;
e. The methods, means and personnel by which work activities are to be carried on;
f. Termination, demotion or suspension from duties because of lack of work,
reduction in workforce, or job abolition, except where such action affects an
employee who has been reinstated within the previous six (6) months as a result
of the final determination of a grievance. Such action shall be upheld upon a
showing that: (i) there was a valid business reason for the action and (ii) the
employee was notified of such reason in writing prior to the effective date of the
action;
g. The hiring, promotion, transfer, assignment and retention of employees within the
County;
h. The relief of employees from duties of the County in emergencies.
i. Counseling memoranda and manners of providing supervisory directions;
j. Performance evaluations;
k. Oral reprimands.
In any grievance brought under the exception to provision (f) of this subsection, the action shall
be upheld upon a showing by the County that:
57
1.
2.
There was a valid business reason for the action; and
The employee was notified of the reason in writing prior to the effective date of the
action.
Section 8.4
Grievance Procedure
Most employee concerns or complaints can be resolved informally through communications
between the employee and his/her supervisor. Accordingly, employees are encouraged to take
their complaints to their immediate supervisor and then to upper management levels to seek a
solution. Employees are also encouraged to pursue grievable issues through the grievance
procedure.
(a)
The procedure for a grievance includes the following steps:
(1)
Step 1. An employee who has a complaint shall discuss the problem
directly with the employee's immediate supervisor within twenty (20)
calendar days of the date the employee should have reasonably gained
knowledge of the event giving rise to the complaint. The employee is not
required to present the complaint in writing at this step. A verbal reply
by the supervisor shall be made within five (5) business days following
the meeting. Failure on the part of the employee to initiate the action
required within the time stated herein shall terminate the employee's
right to initiate a grievance on that issue.
(2)
Step 2. If the complaint is not resolved after the first step, the employee
may submit in writing the complaint to the employee's immediate
supervisor within five (5) business days of the supervisor's verbal reply in
step 1. The complaint shall be made using the "Grievance/Remedy Form"
available from the department of human resources. The immediate
supervisor shall reply in writing on the "Grievance/Remedy Form" to the
complaint within five (5) business days of the receipt of the written
complaint and provide a copy to the department director and the department
of human resources. If the County Administrator or the County
Administrator’s designee is the immediate supervisor, steps 2, 3 and 4 are
consolidated into one step. Failure on the part of the employee to initiate
the action required within the time stated herein shall terminate the
employee's right to continue a grievance on that issue.
(3)
Step 3. If the complaint is not resolved in step 2, the employee may
appeal the decision of the supervisor to the department director by
forwarding the "Grievance/Remedy Form" to the department director
within five (5) business days of receipt of the immediate supervisor's
written response in step 2. The department director shall reply in writing
58
on the "Grievance/Remedy Form" to the complaint within five (5)
business days of the receipt of the written complaint and provide a copy to
the department of human resources. Failure on the part of the employee to
initiate the action required within the time stated herein shall terminate the
employee's right to continue a grievance on that issue.
(4)
Step 4. If the complaint is not resolved at step 3, the employee may appeal
the decision of the department director by forwarding the
"Grievance/Remedy Form" to the County Administrator or County
Administrator's designee within five (5) business days of the department
director's response. Within five (5) business days of its receipt, the County
Administrator or County Administrator’s designee shall meet with the
grievant and the department director together, to discuss the grievance. The
County Administrator or County Administrator's designee shall reply to the
grievant on the “Grievance/Remedy Form” within five (5) business days of
the discussion and provide a copy to the department of human resources.
Failure on the part of the employee to initiate the action required within the
time stated herein shall terminate the employee's right to continue a
grievance on that issue.
(b)
With the exception of step 4, the only persons who may be present in the
management step meetings are the employee, the employee's immediate supervisor or department
director depending on the level at which the grievance is being heard, and appropriate witnesses
for each side. Witnesses shall be present only while actually making his or her statement. At step
4, the employee, at his or her option, may have present a representative of his or her choice. If the
employee is represented by legal counsel, the county likewise has the option of being represented
by counsel. The employee must notify the County Admininistrator and the Human Resources
Department of the name of his or her attorney within five (5) calendar days of the scheduled
meeting. The presence of attorneys shall not alter the fact that this is an administrative, informal,
fact-finding process involving, in step 4, a meeting and discussion between the County
Administrator or County Administrator's designee and the employee.
Section 8.5
Panel Hearing
Request for Hearing
If the County Administrator's or the County Administrator's designee's response does not resolve
the grievance at step 4, the grievant may request a hearing before a grievance panel. The request
for a hearing shall be submitted in writing to the Director of Human Resources within five (5)
business days of the response of the County Administrator or the County Administrator's designee.
Panel Composition
(1)
In cases of employee termination or retaliation, the panel shall be made up of three
impartial members. Two panel members shall be chosen from employees of the County. One of
59
those panel members shall be appointed by the employee and one shall be appointed by the County
Administrator or County Administrator's designee. The third panel member shall be an
administrative hearing officer who is appointed by the Executive Secretary of the Supreme Court.
The County will pay all costs related to the use of the hearing officer. The administrative hearing
officer shall act as panel chairperson.
(2)
In all other cases, the panel shall be made up of three impartial members chosen from
employees of the County, one appointed by the grievant, one appointed by the County
Administrator or County Administrator's designee, and a third panel member selected by the first
two appointed panelists, who will serve as the panel chairperson. In the event that an agreement
cannot be reached as to the third panel member, the chief judge of the circuit court of the County
shall select the third panel member.
(3)
All County employees, as a condition of County employment, shall serve on grievance
panels, whether selected by the grievant, management, or by the two appointed panelists to serve
as the panel chair. All employees of the Human Resources Department, Office of the County
Attorney, and the County Administrator's office shall be excluded from serving on the panel.
(4)
The panel shall not be composed of any persons having direct involvement with the
grievance being heard by the panel, or with the complaint giving rise to the grievance; nor
managers who are in a direct line of supervision of the grievant; nor employees in the same
department as the grievant; nor persons who are residing or have resided in the same household as
the grievant; nor the following relatives of either participant in the grievance process: spouse,
parent, grandparent, child, grandchild, sibling, step-sibling, in-law, niece, nephew or first cousin.
No attorney having direct involvement with the subject matter of the grievance, nor a partner,
associate, employee or co-employee of the attorney shall serve as a panel member. Panel members
chosen in compliance with these requirements shall be deemed to be impartial.
(5)
The County Administrator or County Administrator's designee, the grievant, or the
grievant’s department director may challenge the eligibility of the other party's panel member by
requesting a determination from the Director of Human Resources of whether the selection has
met or violated the eligibility requirements. Such requests must be made in writing no fewer than
five (5) business days prior to the date of the scheduled panel hearing. If one member is found to
be ineligible, the remaining members are unaffected. If at all possible, an immediate replacement
will be impaneled and the hearing conducted as scheduled.
Rules for Panel Hearings
The conduct of panel hearings as a part of the grievance procedure shall be governed by the
following rules:
(1)
The panel does not have authority to formulate policies or procedures or to alter existing
policies or procedures;
(2)
The panel has the discretion to determine the propriety of attendance at the hearing of
persons not having a direct interest in the hearing, and, at the request of either party, the hearing
shall be private;
(3)
The County shall provide the panel with copies of the grievance record prior to the hearing,
and provide the grievant with a list of the documents furnished to the panel;
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(4)
The grievant and his or her attorney, at least ten (10) calendar days prior to the scheduled
panel hearing, shall be allowed access to and copies of all relevant files intended to be used by the
County in the grievance proceeding;
(5)
The panel shall have the authority to determine the admissibility of evidence without regard
to the burden of proof, or the order of presentation of evidence, so long as a full and equal
opportunity is afforded to all parties for the presentation of their evidence;
(6)
All evidence shall be presented in the presence of the panel and the parties, except by
mutual consent of the parties;
(7)
The documents, exhibits and lists of witnesses shall be exchanged between the parties in
advance of the hearing;
(8)
The panel hearing is an administrative process and is not meant to be conducted like
proceedings in court. Panels are not bound by rules of evidence and shall take into account all
reliable and substantial evidence produced at the hearing. It is within the province of the panel to
determine relevancy and materiality. The panel may require either party to demonstrate relevancy
and materiality of any evidence and the need for any requested extensions of the hearing panel;
(9)
The panel shall deal with the grievance before them. Evidence and testimony as to how
other employees or situations have been handled in the past are not relevant except in cases of
discrimination. Previous applications of the same policy may be relevant. No personnel file or
record may be examined by the panel or introduced into evidence, except that of the grievant;
(10) The panel has no subpoena power to compel the attendance of witnesses. The panel may,
however, at the request of either party, or in its own discretion, request the voluntary appearance
of witnesses or the submission of documents.
Authority of the Panel Chair
The chair, acting on behalf of the panel, has the authority to:
(1)
Issue requests for witnesses or documents but does not have subpoena power;
(2)
Administer oaths;
(3)
Receive documentary evidence and hear testimony, and exclude that which is irrelevant,
immaterial, repetitive or confidential by law;
(4)
Decide on procedural requests;
(5)
Hold a conference (in person or by telephonic means) to simplify the issues, decide
procedural matters, discuss settlement possibilities, and establish the date, time, and place of
hearing; and
(6)
Order the parties to exchange a list of witnesses and documents.
Conduct of the Hearing
(1)
The hearing must be held within 30 calendar days of the selection of the panel in a location
convenient to where the employee is or has been employed. The County must arrange a place for
the hearing unless the panel chair chooses to make the arrangements. It is the responsibility of the
panel chair to notify the parties, either in writing or at a prehearing conference, of the date, time
and place of the hearing.
(2)
When a hearing is scheduled, it is the responsibility of the parties to appear or ask for a
postponement. A hearing may proceed in the absence of one of the parties; a hearing so conducted
will be decided on the grievance record and the evidence presented at the hearing. The parties may
be represented by legal counsel or other representative, or may represent themselves. A hearing
may be continued into evenings or weekends. The panel may grant a postponement or extend the
30 calendar day period for good cause.
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(3)
Opening and closing statements may be made by each party. Each party may be represented
by an individual of choice. All witnesses, except for the grievant and a representative of the
County, shall not be present in the hearing room except when giving testimony. Exhibits may be
offered into evidence and be made part of the record. The hearing must be recorded verbatim. The
panel chair is responsible for the recording and is to preserve the recorded tapes as a part of the
grievance record. Either party may receive a copy of the recording at cost. A court reporter is not
required. If either party requests a court reporter, that party is responsible for the costs. If a
transcript is made, the other party may request a copy at cost. The panel chair has the authority to
determine the propriety of the attendance of all persons not having a direct involvement in the
hearing including witnesses and spectators. The hearing shall be closed to the public.
Decision
(1)
The panel's decision must be in writing and contain the findings of fact and the basis for
those findings. The panel shall deliver its decision to the Director of Human Resources, the
individual who represented the County during the panel hearing and the employee within ten (10)
business days of the conclusion of the hearing unless the panel by majority vote extends the time
period. If the panel extends the time period for its response, the panel chair shall notify the parties
in writing. The majority decision of the panel, acting within the scope of its authority, shall be
final, subject to existing policies, procedures and law.
(2)
The panel shall decide the case on the merits, not on whether there has been compliance
with the procedural requirements of this article. The panel does not have the authority to formulate
policies or procedures nor to alter existing policies and procedures. The panel shall make its
decision within the following standards of review:
a.
In grievances involving disciplinary action for misconduct, including termination
for misconduct, the panel shall uphold the County if the evidence shows that the charge(s)
of misconduct and disciplinary action(s) were more likely than not appropriate under the
circumstances. If the panel finds that the charge(s) or disciplinary action(s) were not
appropriate under the circumstances, then the panel has the same authority and limitations
as management to determine the appropriate charge(s) or disciplinary action(s) in
accordance with applicable County policy. The panel may not impose a disciplinary action
in excess of the original disciplinary action imposed by the County.
b.
In grievances involving termination for unsatisfactory work performance, failure to
meet job standards, unacceptable attendance or other nondisciplinary matters, the panel
shall uphold the County's action if it determines that the action was more likely than not
appropriate under the circumstances. If the panel finds that the charge(s) or disciplinary
action(s) were not appropriate under the circumstances, then the panel has the same
authority and limitations as management to determine the appropriate charge(s) or
disciplinary action(s) in accordance with applicable County policy. The panel is not
empowered to establish or modify job standards, job requirements, or performance
standards nor may the panel determine or change an employee's evaluation rating. The
panel may not impose a disciplinary action in excess of the original disciplinary action
imposed by the County.
c.
In grievances involving complaints regarding application of policy, discrimination
and other nondisciplinary issues, the panel will determine if policies and procedures have
been appropriately applied. If the panel finds that the policies and procedures have not been
applied appropriately, then the panel, as appropriate relief, may issue an order to create an
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environment free from discrimination or to take corrective actions necessary to cure the
violation and/or minimize its recurrence. The panel is not empowered to promote, assign
or transfer employees, to establish salaries nor to take any other action which is in the
purview of management rights.
d.
The panel does not have the authority to consider matters which the grievance
procedure makes nongrievable.
e.
The majority decision of the panel, acting within the scope of its authority, shall be
final, subject to existing policies, procedures and law.
f.
The panel may not award damages or attorney's fees.
(3)
Within ten (10) business days of the receipt of the panel's decision, the Director of Human
Resources will review the decision and may on his or her own action remand a decision which
appears to be inconsistent with law and written policy to the panel for further consideration. All
parties will be notified if a decision is remanded.
(4)
The County Administrator shall implement the panel decision to the extent that it is
consistent with the provisions of law and written policy. Either party may petition the circuit court
of the County for an order requiring implementation of the panel decision.
Section 8.6
Determination of Grievability
1. Determining Issues Qualifying for the Management Steps
If the first or second step written management response indicates that a given issue is not grievable,
an employee may appeal to the County Administrator, or his designee, who is empowered to render
a decision on the grievability and on the access of the procedure of issues in the management steps.
Neither the County Attorney nor the Commonwealth's Attorney shall be authorized to decide the
question of grievability. If the County Administrator finds that the issue is grievable, the grievance
may be pursued through the three management steps. However if the County Administrator or his
designee, finds that the issue is not grievable, the employee may appeal to the Circuit Court for a
hearing on the issues as to whether or not the grievance qualifies for a panel hearing. The appeal
procedure shall be in accordance with subsection 2 below.
If the issue qualified by the court, the management step process should be completed before
proceeding to panel (unless the grievance is otherwise resolved).
2. Determining Issues Qualifying for a Panel Hearing
Decisions regarding whether or not a matter qualifies for a panel hearing shall be made by the
County Administrator at the request of the department director or grievant and such decisions shall
be made within ten (10) calendar days of such request. Such requests shall be made in writing.
Such decisions of the County Administrator may be appealed to the Circuit Court for a hearing on
the issues as to whether or not the grievance qualifies for a panel hearing. Proceedings for review
of the decision of the County Administrator shall be instituted by filing a written notice of appeal
with the County Administrator within ten (10) calendar days thereafter, the County Administrator
shall transmit to the Clerk of the Circuit Court to which the appeal is taken a copy of the decision
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of the County Administrator, a copy of the notice of appeal, and the exhibits. A list of the evidence
furnished to the Court shall be furnished to the grievant. The failure of the County Administrator
to transmit the record within the time allowed shall not prejudice the rights of the grievant.
The court on motions of the grievant, may issue a writ of certiorari requiring the County
Administrator to transmit the record on or before a certain date. Within thirty (30) calendar days
of receipt by the Clerk of such records, the Court sitting without a jury, shall hear the appeal on
the record transmitted by the County Administrator and such additional evidence as may be
necessary to resolve any controversy as to the correctness of the record, the Court, in its discretion,
may receive such other evidence as the ends of justice require. The Court may affirm the decision
of the County Administrator or may reverse or modify the decision. The decision of the Court
shall be rendered no later than the fifteenth (15th) day from the date of the conclusion of the
hearing. The decision of the Court is final and is not appealable.
Section 8.7
Following the Procedure
After the initial filing of a written grievance, failure of either party to comply with all substantial
procedural requirements of the grievance procedure without just cause will result in a decision in
favor of the other party on any grievable issue, provided the party not in compliance fails to correct
the noncompliance within five (5) work days of the receipt of written notification by the other
party of the compliance violation. Such written notification by the grievant shall be made to the
County Administrator. Failure of either party without just cause to comply with all substantial
procedural requirements at the panel hearing shall result in a decision in favor of the other party.
This procedure is provided as a means for employees to resolve problems and complaints without
the cost often associated with legal counsel. However, if any employee using the procedure would
feel more comfortable in having such support, the employee shall be responsible for related
expenses.
ARTICLE IX
Separations
(Revised November 15, 2007, November 20, 2014)
Section 9.0
(Revised November 15, 2007)
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Types of Separation
Separation of employees from positions in the classified service shall be designated as one of the
following and shall be accomplished in the manner indicated: resignation, layoff, disability, death,
retirement and dismissal.
Section 9.1
County Equipment
At the time of separation, all records, assets and other items of County property in the employee's
custody shall be transferred to his/her department head and certification to this effect shall be
signed by the employee.
Section 9.2
Resignation
To resign in good standing, all employees, with the exception of department directors, shall give
notice in writing to his/her department head at least fourteen (14) calendar days prior to the
effective date of the resignation. Failure to comply with this rule will result in the employee being
ineligible for rehire, except in extenuating circumstances at the approval of the Director of Human
Resources. Thirty (30) calendar days notice is requested for department directors resigning from
employment. All department directors shall transmit all resignations to the Department of Human
Resources within 24 hours of receipt.
Section 9.3
Voluntary Resignation
An employee, who without just cause, fails to report to work for three (3) consecutive work days
without authorized leave shall be separated from the payroll. This action shall be reported as a
voluntary resignation.
Section 9.4
Reduction in Force
Any involuntary separation other than due to delinquency, misconduct, inefficiency, or
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disciplinary action shall be considered a layoff.
When feasible, an employee shall be laid off on the basis of the following three (3) equally
weighted factors:
a.
length of service in class;
b.
length of service with the County; and
c.
the employee's performance evaluations.
When a department director believes an individual is essential to the effective operation of the
department because he/she possesses special skills or abilities and he/she wishes to retain that
person in preference to a person with a higher rating he/she shall submit a written request to the
County Administrator. The request shall detail the specific skills and abilities possessed by the
individual and the reasons why the person is essential to the effective operation of the department.
The individual may be retained with the approval of the County Administrator.
If a regular full-time employee is scheduled to be laid off, he/she shall be allowed to compete for
a vacant position(s) elsewhere in the County. He/she shall submit an application for employment
for any vacancy(ies) he/she is interested in and is required to submit to all selection-related
activities related to the selection process of the vacancy(ies). Regular full-time employees to be
laid off shall be notified in writing by the County Administrator's office at least fourteen (14)
calendar days prior to the effective date of the layoff.
ARTICLE X
Recruitment and Selection
(Revised October 6, 2005; February 13, 2007)
Section 10.0
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Employment Opportunities
The recruitment, selection, appointment and promotion of employees shall be in accordance with
the County's policy regarding equal employment opportunity.
Section 10.1
Vacant Positions
Department directors shall be responsible for notifying the County Administrator's office of
vacant, or soon to be vacant, authorized positions in their department. The notification shall include
the class title and salary grade.
As far as practical, vacancies shall be filled by promotion of employees of Isle of Wight County.
All vacancies shall be announced to County employees. A vacancy shall be posted for at least
three (3) work days in a specified location for each department.
Section 10.2
Recruitment for Vacant Positions
All vacancies for regular full-time employees shall be publicized by posting announcements and
by other means as necessary to assure qualified candidates and equal employment opportunity.
Every reasonable effort shall be made to publicize vacancies so that all interested persons are
informed and qualified people are attracted to compete.
Section 10.3
Disqualification of Applications
An applicant may be removed from consideration for employment by the County because he/she:
a.
b.
c.
d.
e.
f.
g.
does not meet the minimum qualifications established for the position;
has a disability that would prevent satisfactory performance of the duties of the position;
has made false statements of material fact or practiced deception in his/her application;
is addicted to the use of controlled substances or intoxicating liquor;
has an unsatisfactory employment record of such a nature so as to demonstrate unsuitability
for employment;
has been convicted of criminal conduct; or
has failed to submit the application within the prescribed time limit.
Section 10.4
(Revised October 6, 2005; February 13, 2007)
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Selection
The County Administrator or his/her designee shall review all applications for employment to
determine whether the applicant meets the established standards of employment. In addition, as is
consistent with the requirements of the Va. Code § 15.2-1509, a veteran’s military service shall be
taken into consideration during the selection process, provided that such veteran meets all of the
knowledge, skill, and ability requirements for the position. Additional consideration shall be also
given to veterans who have a service-connected disability rating fixed by the United States
Veterans Administration. For purposes of this section, a “veteran” shall mean any person who has
received an honorable discharge and has (1) provided more than 180 consecutive days of full-time,
active-duty service in the armed forces of the United States or reserve components thereof,
including the National Guard or (2) has a service-connected disability rating fixed by the United
States Veterans Administration.
When appropriate, examinations may be used which may be written or oral or a combination
thereof. Such tests shall relate to the duties and responsibilities of the position for which the
applicant is being examined. Only applicants meeting class specifications for the position will be
referred to the department director. Interviews are to be coordinated through the Human Resources
Department. The successful candidate will be selected by majority decision of an interview panel
consisting of a minimum of two (2) supervisory-level staff. The County Administrator maintains
final approval in all hiring decisions.
ARTICLE XI
Miscellaneous Policies and Regulations
(Revised April 7, 2005, November 17, 2005, May 18, 2006, October 16, 2006,
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Revised September 4, 2008, Revised May 21, 2015)
Section 11.0
Political Activity
Every County employee is entitled to exercise his/her rights to vote. Employees may join or
affiliate with civic organizations of partisan or political nature, attend political meetings, advocate
and support the principles and policies of civic or political organizations in accordance with
Federal, State and local laws.
Section 11.1
(Revised May 18, 2006)
Special Conditions
No employee shall (1) engage in any political activity while at work during working hours; (2) be
required to contribute to, solicit for, or act as a custodian of funds for political purposes; (3) coerce
or compel contributions by any other employee of the County for political purposes; or (4) use any
County supplies, materials or equipment for political purposes or to aid a political candidate, party
or cause. Any violations of the provisions of this section shall be deemed improper conduct and
such employee(s) shall be subject to disciplinary actions. Any employee elected to public office in
Isle of Wight County or any elected public office in any municipality within Isle of Wight County
shall resign his/her non-elective County position on taking office.
Section 11.2
Confidential Information
An employee may not make use of or permit others to make use of confidential information for
the purpose of furthering a private interest acquired by virtue of employment with Isle of Wight
County. Violations of the provisions of this section shall be deemed improper and such
employee(s) shall be subject to disciplinary action.
Section 11.3
Gifts and Gratuities
No employee shall accept gifts, gratuities or loans of any kind from organizations, business
concerns or individuals with whom he/she has official relationships on the business of the County
government the acceptance of which could be reasonably construed as evidence of favoritism,
coercion, unfair advantage or collusion unless such gifts, gratuities or loans are available free of
charge to the general public. Employees who violate this section are subject to disciplinary action
as detained in Article VII.
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Section 11.4
(Revised September 4, 2008)
Use of Alcohol and Controlled Substances
The abuse of drugs or alcohol in the County workplace jeopardizes the productivity of employees,
poses a safety and health threat to employees and the public, and erodes public trust and confidence
in County government. The Federal Drug Free Workplace Act requires the County to provide all
employees with an alcohol and drug free work environment. All employees are responsible for
helping to ensure that the County’s work environment is alcohol and drug free.
No employee shall do any of the following while on County premises or while conducting County
business:
a. Use, sell, dispense, possess, or manufacture alcohol or illegal drugs;
b. Be under the influence of alcohol or illegal drugs, or;
c. Have alcohol or illegal drugs present in their bodies.
In addition, no employee shall commit an alcohol or drug related crime, whether the crime was
committed while on County premises or while conducting County business. All County employees
are hereby notified that the County is committed to providing its employees with a drug and alcohol
free workplace. As a condition of employment, all employees are deemed to have consented to the
drug and alcohol testing that is required under this policy. Any violation of this policy will result
in disciplinary action up to and including termination. For purposes of this policy the term “illegal
drugs” shall also include all controlled substances, except when such a substance is used or
possessed pursuant to a valid medical prescription.
Policy Exception
Employees may be placed in social settings outside of normal working hours, when they are
conducting County business or representing the County in a situation where alcoholic beverages
are served. Discrete use of a moderate amount of alcohol under the circumstances described in this
section is not a violation of this policy; provided, that employees minimize their consumption of
alcoholic beverages to the greatest extent possible and do not, at any time, operate a County motor
vehicle after having consumed alcohol.
Drug and Alcohol Testing
Drug and/or alcohol tests may be required in the following cases:
a. Where an applicant for a County position has been given a conditional offer of
employment, subject to the passage of a drug test;
b. As required by the Omnibus Transportation Employee Testing Act of 1991 and
implementing regulations of the Federal Highway Administration (49 CFR, Parts 40 and
382, et. al). All employees and applicants who hold or are offered a position that requires
a Commercial Driver’s License (CDL) as a condition of employment and continued
employment will be tested for drugs and alcohol;
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c. Where there is a reasonable suspicion that an employee is under the influence of alcohol
or a controlled substance while at work or on duty, the employee may be required to
participate in an appropriate test to determine whether alcohol or other controlled
substances are present in the employee. Such tests may include, but shall not be limited
to, having the employee take a breathalyzer test or submit a urine sample for analysis. Such
tests shall be administered only after prior notice and approval by the County Administrator
or his/her designee. Failure or refusal of an employee to participate in such a test shall be
cause for dismissal.
By way of example, and without limitation, any of the following conditions or circumstances,
alone or in combination, may create a reasonable suspicion:













Unexplained inability to perform normal job functions;
Slurred speech;
The smell of alcohol or drugs in the breath or on the body;
Any unusual lack of physical coordination or loss of equilibrium;
Unexplained hyperactivity, depression, or withdrawal;
Unexplained inability to think or reason at normal levels;
Unusual or bizarre behavior;
Information that an employee is using alcohol or illegal drugs in violation of County
policy, when obtained from a reliable person with personal knowledge of the facts that
support the allegation;
Involvement in an accident that caused, or had the potential to cause, personal injury
or property damage;
Involvement in an accident while operating a County vehicle;
Unexplained change in affect or mood;
Unexplained shortness of temper;
Violent or unexplained response to daily problems.
In all cases, a refusal to submit immediately to a drug or alcohol test when requested, including a
failure to appear for testing without prior notice acceptable to the County or a verified positive test
finding of alcohol or illegal drugs use submit the employee to the full range of disciplinary action
up to and including dismissal; or in the case of an applicant, the withdrawal of a conditional offer
of employment.
Testing Procedures
Employees in a safety sensitive position shall submit to unannounced random alcohol and drug
testing. Safety sensitive positions include, but are not limited to, firefighter/medics, dispatchers,
employees who operate heavy equipment, machinery or vehicles, Department Directors, Assistant
County Administrators, County Administrator, employees that serve an essential role in
emergency operations, and others designated by the County Administrator.
Employees shall be tested for drugs and alcohol immediately after a motor vehicle accident which
occurred while they were operating a County vehicle if:
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



A person was killed in the accident and the employee was engaged in a safety sensitive job
activity;
The employee received a moving vehicle traffic citation for the accident and the vehicle
was towed from the scene because of property damage sustained in the accident;
The employee received a moving vehicle traffic citation for the accident and a person was
transported from the accident scene to receive medical treatment;
In the opinion of the employee’s supervisor or the County Administrator, there is a
reasonable suspicion that the employee was using, was under the influence of or has present
in his or her body, illegal drugs or alcohol based on objective facts as listed in this policy.
Before returning to employment after receiving a positive alcohol or controlled substance test,
employees must receive a written release from their substance abuse professional documenting
that they are able to return to full duty and complete a negative drug and alcohol test.
All employees who have previously tested positive for drugs or alcohol and have completed a
negative return-to-duty test must submit to unannounced periodic testing for drugs and alcohol.
The dates and times of such periodic testing will be determined by the County.
As a condition of employment, all employees are deemed to have consented to the drug and alcohol
testing that is required under this policy. Employees who refuse to be tested, or who do not
cooperate with a test shall be disciplined as if they failed the test and are subject to additional
disciplinary action for insubordination.
Any employee who conclusively establishes by competent medical evidence that a positive drug
test result was caused by the presence of a prescription drug which the employee was taking in
accordance with a valid prescription, or as the result of the use of a non-prescription drug which
the employee was taking for a bona fide medical purpose, shall not be deemed to have violated
this policy because of failing a test for that drug.
The result of any drug or alcohol test that is performed pursuant to this policy shall be confidential
and shall be made known to only those County employees who are directly involved in any
disciplinary decision. The result of any drug or alcohol test that is performed pursuant to this policy
shall not be used in any criminal proceeding against the employee; however, in appropriate
circumstances, any other information obtained by the County regarding an employee’s violation
of this policy may be used in a criminal proceeding against the employee.
Testing Standards
All drug tests will take place at a facility certified for drug testing to ensure accurate testing and
minimum intrusion into the privacy of employees. All alcohol tests shall be administered in
accordance with normal standards for alcohol breath analysis.
Employees who are tested for controlled substances will receive the type of drug screen deemed
necessary by the testing facility after consultation with the Director of Human Resources. If the
drug screen is positive, a confirmation test will be conducted on the same sample. If the confirming
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test confirms the results, the employee shall be deemed to have tested positive for drugs and to
have drugs in his or her body, subject to the split specimen test described in this policy.
Employees who are tested for alcohol will receive an alcohol breath analysis test. If the breath
analysis test determines that the employee’s blood alcohol content is at a level of .04 or higher, the
employee shall be deemed to have tested positive for alcohol and to have alcohol present in his or
her body. An employee whose tests results are .02 or greater but less than .04 is not considered
positive, however, the employee cannot perform safety sensitive functions within 24 hours after
the test and will be required to take a breath alcohol test in which the result is .000 before returning
to work.
Split Specimen
All drug testing shall be conducted under split-sample collection procedures. Employees may
within 72 hours after they are notified of a positive test, request in writing a test of the split
specimen and designate a certified laboratory to test the split specimen. If an employee does not
request a split specimen test or designate a certified laboratory to test the split specimen within the
72-hour period, the employee shall have waived the opportunity for a split specimen test and the
employee shall be deemed to have tested positive for drugs. The employee may not request a
reanalysis of the primary sample.
If the analysis of the split specimen does not reconfirm the presence of the drugs found in the
primary specimen, or if the split specimen is unavailable, inadequate for testing or unable to be
tested, the employee shall be deemed not to have tested positive for drugs, irrespective of the
outcome of the original test.
The employee shall pay the cost of testing the split specimen. The County will reimburse the
employee for the cost if the analysis of the split specimen does not reconfirm the presence of drugs,
irrespective of the outcome of the original test.
Employee Assistance Program
The Employee Assistance Program (EAP) provides all County employees with the opportunity to
seek counseling, rehabilitation, and other assistance for alcohol and drug abuse problems.
Employees who have or believe that they may have alcohol or drug abuse problems may
voluntarily seek assistance through the EAP. All EAP information is treated as confidential when
the employee voluntarily seeks EAP assistance.
Employees who are not in violation of this policy are not subject to disciplinary action as a result
of voluntarily seeking EAP assistance for alcohol or drug abuse problems. However, employees
who violate this policy will be disciplined in accordance with the policy whether or not they have
received or are receiving voluntary assistance for alcohol or drug abuse problems through the EAP.
Additionally, voluntary involvement in the EAP shall not be considered a mitigating factor in
determining the appropriate disciplinary action to be taken for violation of this policy.
Disciplinary Action for Violation of Policy
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The County reserves the right to determine the appropriate level of discipline for violations of this
policy but will take the following action in the situations described below:

Any probationary employee who violates any provision of this policy shall be terminated.

Any employee who commits or is convicted of a drug or alcohol related felony shall be
terminated, whether the offense took place while the employee was on County premises or
conducting County business.

Any employee who commits or is convicted of a drug or alcohol related misdemeanor shall
be terminated if the offense took place while the employee was on County premises or
conducting County business, or if the offense is reasonably related to the employee’s
fitness to perform the employee’s job responsibilities.
For purposes of maintaining a drug and alcohol free workplace, the County reserves the right to
search all County workplaces, including but not limited to, offices, desks, file cabinets, County
vehicles, and tool boxes.
Section 11.5
(Revised April 7, 2005, Revised May 21, 2015)
Non-Discrimination and Anti-Harassment Policy
Isle of Wight County is committed to providing a work environment in which all individuals are
treated with respect and dignity. Each individual has the right to work in a professional atmosphere
that promotes equal employment opportunities and prohibits discriminatory practices, including
harassment. Therefore, Isle of Wight County expects that all relationships among persons in the
workplace will be business-like and free of bias, prejudice, and harassment.
This policy applies to all persons working for and with Isle of Wight County, regardless of
employment status.
Equal Employment Opportunity
It is the policy of Isle of Wight County to be an equal opportunity employer, to maintain a diverse
workforce, and to create and maintain a working environment free from discrimination and
harassment. Any form of unlawful discrimination, including harassment based on race, color,
national origin, religion, sex, age, disability, marital status, veteran status, genetic information,
sexual orientation, or other non-job related characteristic protected by applicable law is strictly
prohibited. Any employee found to have engaged in illegal discrimination or harassment in the
course of his/her employment will be subject to appropriate disciplinary action, up to and including
termination of employment.
Types of Harassment
Sexual Harassment - is a form of discrimination and is illegal under federal, state and local laws.
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For the purposes of this policy, sexual harassment is defined, consistent with the Equal
Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature when, for example:
1.
Accepting or tolerating such conduct is made explicitly or implicitly a term or
condition of an individual's employment; or
2.
Accepting or rejecting such conduct by an individual is used as a basis for
employment decisions affecting an applicant or employee; and/or
3.
Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance, or creating an intimidating, hostile or offensive
work environment.
Sexual harassment may include a range of subtle and not so subtle behaviors and may involve
individuals of the same or different gender. Depending on the circumstances, these behaviors may
include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual
jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body,
sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments
or gestures; display or circulation in the workplace of sexually suggestive objects or pictures
(including through e-mail); and other physical, verbal or visual conduct of a sexual nature. Sexbased harassment, harassment not involving sexual activity or language (i.e., male manager yells
only at female employees and not males), may also constitute discrimination if it is severe or
pervasive and directed at employees because of their sex.
Workplace Harassment – includes any unwelcome verbal/physical conduct or written
communication that either denigrates or shows hostility or aversion towards a person on the basis
of race, color, national origin, religion, sex, age, disability, marital status, veteran status, genetic
information, sexual orientation, or other non-job related characteristic protected by applicable law
that:
 Has the purpose or effect of creating an intimidating, hostile or offensive
working environment; or
 Has the purpose or effect of unreasonably interfering with an employee’s
work performance; or
 Affects an employee’s employment opportunities or compensation.
Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping;
threatening, intimidating or hostile acts; denigrating jokes and the display or circulation in the
workplace of written or graphic material that denigrates or shows hostility or aversion toward an
individual or group (including through e-mail).
Individuals and Conduct Covered
This policy applies to all applicants and employees, and prohibits harassment, discrimination and
retaliation whether engaged in by fellow employees, by a supervisor or manager, or by someone
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not directly connected to Isle of Wight County (i.e., an outside vendor, consultant, or citizen).
Conduct prohibited by this policy is unacceptable in the workplace and in any work-related setting,
such as during business trips, business meetings and business-related social events.
Retaliation is Prohibited
Isle of Wight County expressly prohibits retaliation against any individual who reports
discrimination or harassment or participates in an investigation of such reports. However, this
policy does not grant license for employees to engage in the unfounded or vindictive accusation
of others. Retaliation against an individual for reporting harassment or discrimination or for
participating in an investigation of a claim of harassment or discrimination is a serious violation
of this policy and, like harassment or discrimination itself, will be subject to disciplinary action.
Employee Responsibilities
Each employee of the County is responsible for engaging in and promoting workplace behaviors
that create and maintain an environment of respect and promote effective teamwork. Employees
are also responsible for reporting behaviors that damage the environment. Employees who
experience harassment are encouraged to make it clear to the offender, at the time of the
occurrence, that such behavior is offensive. Any employee who believes that he or she is being
harassed is urged to contact the Director of Human Resources immediately.
Management Responsibilities
Managers and supervisors have a greater responsibility, not only to model respectful, professional
conduct at the workplace, but also to maintain an environment of respect and effective teamwork
in their work areas. Managers and supervisors shall:
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Ensure his/her employees are aware of the County’s Non-Discrimination and AntiHarassment Policy and emphasize that harassment will not be tolerated and may
result in disciplinary action, up to and including termination; and
Create and maintain a workplace that is free from harassment; and
Monitor the work environment for signs that harassment may be occurring; and
Counsel employees on the procedures for reporting and resolving complaints of
harassment; and
Refrain from participating in or encouraging actions that could be perceived as
harassment.
Managers and supervisors who observe or are made aware of harassment or discrimination taking
place in the workplace are required to report the harassment to the Director of Human Resources
immediately. All allegations of harassment and discrimination will be investigated by the Human
Resources Department as expeditiously as possible. Managers and supervisors who allow
harassment or discrimination to continue or fail to take appropriate corrective action upon
becoming aware of the harassment or discrimination shall be considered a party to the harassment,
even though they may not have engaged in the actual behavior, and shall be subject to disciplinary
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action. Any questions regarding the County’s Non-Discrimination and Anti-Harassment Policy
that a manager or supervisor is unable to answer should be referred to the Director of Human
Resources.
Complaint Procedure
Isle of Wight County requires the reporting of all incidents of discrimination, harassment, or
retaliation, regardless of the offender’s identity or position. Individuals who believe they have
experienced conduct that they believe is contrary to this policy or who have concerns about such
matters should make their complaints with the Director of Human Resources, or in cases of his/her
absence, the Assistant County Administrator, County Administrator, County Attorney, or their
supervisor before the conduct becomes severe or pervasive. Individuals should not feel obligated
to file their complaints with their immediate supervisor first before bringing the matter to the
attention of the Director of Human Resources or in cases of his/her absence, one of the other county
designated representatives identified above. The Department of Human Resources is responsible
for the official investigation of all complaints of discrimination/harassment.
Early reporting and intervention have proven to be the most effective method of resolving actual
or perceived incidents of harassment. Therefore, while no fixed reporting period has been
established, Isle of Wight County strongly urges the prompt reporting of complaints or concerns
so that rapid and constructive action can be taken. Isle of Wight County will make every effort to
stop alleged harassment before it becomes severe or pervasive, but can only do so with the
cooperation of its employees.
Employees who experience harassment are encouraged to make it clear to the offender, at the time
of the occurrence, that such behavior is offensive. If the situation cannot be resolved by the
employee or if the offensive behavior is repeated, the employee may make a complaint.
Employees should report incidents of harassment as soon as possible after the incident occurs.
Other avenues to filing a complaint include the County’s Grievance Procedure to remedy
complaints of discrimination in any employment practice based on the employee’s race, color,
national origin, religion, sex, age, disability, marital status, veteran status, genetic information,
sexual orientation, or other non-job related characteristic protected by applicable law. The eligible
employee should contact the Human Resources Department for the Grievance Procedure.
The Investigation
Any reported allegations of harassment, discrimination, or retaliation will be investigated
promptly, thoroughly and impartially. The investigation may include individual interviews with
the parties involved and, where necessary, with individuals who may have observed the alleged
conduct or may have other relevant knowledge.
Confidentiality will be maintained throughout the investigatory process to the extent consistent
with adequate investigation and appropriate corrective action.
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Responsive Action
Misconduct constituting harassment, discrimination or retaliation will be dealt with promptly and
appropriately. Responsive action may include, for example, training, referral to counseling,
monitoring of the offender, and/or disciplinary action such as warning, reprimand, reassignment,
temporary suspension without pay, or termination, as the County believes is appropriate under the
circumstances. The unwelcomeness, frequency, severity of the behavior, statutes, and the County’s
Policy determine whether harassment has occurred.
Finally, these policies may not be used as a basis for excluding or separating individuals of a
particular gender, or any other protected characteristic, from participating in business or workrelated social activities or discussions in order to avoid allegations of harassment. The law and the
policies of Isle of Wight County prohibit disparate treatment on the basis of sex or any other
protected characteristic, with regard to terms, conditions, privileges and perquisites of
employment. The prohibitions against harassment, discrimination and retaliation are intended to
complement and further these policies, not to form the basis of an exception to them.
Section 11.6
(adopted November 17, 2005, revised October 16, 2006)
Employee Health and Safety Policy
Isle of Wight County maintains operational practices to ensure the safety, health, and well-being
of all of its employees. This policy serves to outline the County’s commitment to employee health
and safety and provide guidance to all employees on the standards the County expects its
employees to adhere to.
It is the intent of the County to comply with all laws. To do this, the County must constantly be
aware of conditions in all work areas that can produce injuries. No employee is required to work
in a job he/she knows is unsafe or unhealthy. Staff cooperation in detecting hazards and, in turn,
controlling them is a condition of your employment. Staff should inform their respective
supervisor immediately of any situation beyond their ability or authority to correct.
The personal safety and health of each employee of the organization is of primary importance.
Prevention of occupationally induced injuries and illnesses is of such consequence that it will be
given precedence over operating productivity, whenever necessary. To the greatest degree
possible, management will provide all the necessary equipment or training required for personal
safety or health.
The County is committed to maintaining a safe and healthy work environment. To be successful,
the County must embody proper attitudes toward injury and illness prevention on the part of
supervisors and employees. The County also requires cooperation in all safety and health matters,
between not only the supervisor and employee, but also between each employee and his/her coworkers. The objective is to employ a safety and health program that will reduce the number of
employee injuries and illnesses to an absolute minimum.
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On-the-Job Injuries/Illnesses:
Any job-related injury or illness, regardless of severity, must be reported immediately to the
supervisor for prompt evaluation and medical attention as necessary. The supervisor will complete
an initial safety incident report and forward it to the Human Resources Department.
General Safety Rules:
County employees perform a wide range of functions in various locations. Although some safety
rules apply only to specific positions, all employees are expected to comply with the rules in this
policy:
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Use common sense in performing duties.
Report any work injury/illness to the supervisor.
Report any unsafe conditions to the supervisor or the Human Resources Department.
Do not use any equipment, vehicles, or materials when overly tired, nauseated, feverish, or
under the influence of any substance that may affect judgment.
Keep the work area neat and tidy.
Use mechanical devices or request assistance in lifting heavy loads.
Wear seat belts when operating any vehicle while on County business.
Do not use tops of cabinets or bookcases for extra storage or displays.
Be sure that aisles or exits are kept clear; do not let cords interfere with walkways.
Keep paper clips, tacks, pins, and other objects off the floors.
Store all sharp objects properly when not in use.
Open and close doors cautiously and use extra caution at blind hallway intersections.
Open only one file cabinet drawer at a time to avoid tip-over. Cabinets should also be
loaded from bottom to top and emptied in reverse order.
Report all spills immediately.
Use stepstools, platforms, or ladders for climbing. Never use chairs.
Report or replace frayed electrical cords.
Emergency Evacuation Plans and Re-entry:
In any emergency, employees should follow alarms or other alerts to evacuate the building and/or
area near the premises. Always follow the basic evacuation procedures but remember that personal
safety is paramount and takes precedence.
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Check work area for anything needing to be secured and store it quickly.
Secure locks on all locking cabinets and containers.
Leave the work area, and report to the designated assembly area.
County officials will contact police, fire, or other emergency personnel and coordinate with them
to determine when the building may be re-entered.
All employees will be provided care, first-aid, and emergency services, as required, for injuries or
illness while on County premises. Employees should contact their supervisor, the nearest
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supervisor, and/or 911 in the event of an accident or emergency.
If an employee is injured on the job, the County provides coverage and protection in accordance
with the Virginia Workers’ Compensation Act. When an injury is sustained while at work, it must
be reported immediately to the employee’s supervisor.
Improper Health and Safety Practice:
All employees are expected to abide by safe work practices and adhere to general safety rules to
ensure their safety as well as the safety of co-workers.
Infractions of County health and safety practices will be dealt with in accordance with the County’s
disciplinary policy.
Section 11.7
(Adopted February 2, 2006)
Recording Device Policy
Isle of Wight County prohibits employee use of cameras, camera phones, or other recording
devices in the workplace as a preventative step to secure employee privacy and confidential
information.
This policy applies to all employees and all visitors while on County premises. The following
addresses County expectations as it relates to the use of camera or camera phones:
1. Authorization may be granted when a specific business purpose will be served by the
possession or use of such a device and when its use will not violate employee privacy.
In such a case all parties to the meeting or conversation that is to be recorded must have
been informed at its outset that it will be monitored, transcribed, intercepted, or
recorded, and they have consented in writing to such actions prior to the conversation.
2. Even when special authorization has been granted, employees are prohibited from
taking camera-equipped devices into County restrooms.
3. Authorization may be revoked at any time for any reason.
4. Employees are also prohibited from arranging for others, including non-employees, to
engage in any recording of conversations, phone calls or other activities in the
workplace.
Employees should regard this policy as an explicit statement that the County does not consent to
tape recording of any meetings or discussions without prior authorization as discussed above.
Employees with questions about this policy should contact their supervisor or the Human
Resources Department.
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Section 11.8
Saving Clause
If any section, sentence, clause of phrase of this ordinance shall be held, for any reason, to be
inoperative, void or invalid, the validity of the remaining portions of this ordinance shall not be
affected thereby, it being the intention of the Board of Supervisors in adopting this ordinance that
no portion thereof or provision herein, shall become inoperative or fail by reason of invalidity of
any other portion or provision and the Board hereby declares that it would have severally passed
and adopted the provisions contained herein, separately and apart one from the other.
Article XII
Violence in the Workplace
(Adopted November 4, 2004, Revised October 4, 2007, Revised May 21, 2015)
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Section 12.1
(Revised October 4, 2007, Revised May 21, 2015)
Prohibited Conduct
The following acts and behaviors are examples of prohibited conduct. This list is intended to serve
as a representative sampling of the kinds of actions the County will consider improper, which
means it does not contain all of the possible actions that would be deemed inappropriate under this
policy.
a. Physical assault. This includes, but is not limited to, any unwanted or hostile physical
contact with another person such as hitting, fighting, pushing, shoving, or intentionally
throwing objects at or towards another person.
b. Threatening to physically assault or harm an individual in any way. A threat is improper
regardless of whether the person communicating the threat has the present ability to carry
it out and regardless of whether the threat is contingent, conditional, or future.
Additionally, a threat is not permissible even if it is expressed in veiled terms. Conduct that
constitutes a threat is prohibited regardless of whether it is communicated verbally, in
writing, or electronically (such as by e-mail). In addition, a threat is impermissible whether
it is communicated directly to the intended victim or communicated in an indirect way
(such as to a third party).
c. Harassment. This includes, but is not limited to, showing an obsessive interest in another
person to the extent a reasonable person would find the behavior frightening or intimidating
under all of the circumstances. A few examples of prohibited conduct are stalking and
repeated unwanted verbal and/or written references to a grudge or to a romantic interest.
d. Intentionally destroying or damaging property owned by the County, or others.
e. Possessing weapons, including guns, knives, etc. during work hours without authorization
from the County Administrator. Even if the employee has obtained a concealed weapons
permit from the Commonwealth of Virginia, County employees are prohibited from
carrying guns on County property unless required to do so by their position.
f. Engaging in behavior that creates a reasonable fear of injury in another person.
g. Committing injurious acts motivated by, or related to, domestic violence or sexual
harassment.
h. Retaliating against any employee who, in good faith, reports a violation of this policy.
The County does not condone acts or behaviors that were supposedly only a joke or not meant to
be taken seriously. Any threat or act of violence will be treated as though the instigator was
serious. In addition, any conduct that has the purpose of causing psychological harm and/or
inducing fear will be treated the same as conduct that has the purpose of causing physical harm.
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Section 12.2
Procedure: Employee Responsibilities In Cases Of Threats Or Violence and
Reporting of Convictions of Crimes Against a Person
Employees who believe they are being, or have been, subjected to an act or behavior that violates
this policy should immediately report the incident to their supervisor. If the supervisor is the party
who is engaging in the improper conduct, employees should report the incident to their department
director or to the Director of Human Resources (or a designee).
If employees are in a situation that constitutes an emergency, they should immediately contact the
Sheriff’s Office by dialing 911. To the extent possible, employees should inform their supervisor
of the incident at the time it is occurring or to other appropriate parties mentioned above if the
supervisor is the perpetrator. In non-emergency situations, if the employee, or the employee’s
supervisor, believes the questionable conduct may constitute a criminal offense, the employee or
the supervisor should contact the Sheriff’s Office within a reasonable time to report the matter and
to determine if the Sheriff will conduct a criminal investigation.
An employee who reports information in good faith in accordance with this policy will not be
subject to retaliation by the County (including discipline) solely for making the report. Within its
ability to do so under all of the circumstances and considering its resources, the County will take
reasonable steps to provide safeguards in the workplace if an employee has legitimate, ongoing
concerns about potential violence from another individual. Therefore, employees who have
obtained a protective order from a court should make their supervisor aware of the existence of the
order.
Any employee who is convicted of any “crime against the person” as defined in Title 18.2,
Chapter 4 of the Code of Virginia, 1950 as amended, shall report the conviction to his or her
immediate supervisor within 24 hours of notification of the conviction, or no later than the start of
the next business day. The obligation exists regardless of the state in which the employee was
convicted. The supervisor shall immediately contact Human Resources for a determination
regarding whether the on-duty or off-duty conduct has an adverse impact on the employee’s ability
to perform their assigned duties and responsibilities. Failure to report a conviction or the
conviction itself may be grounds for the employee’s disciplinary action, up to and including,
termination.
Section 12.3
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Procedure: Management Responsibilities In Cases Of Threats Or Violence
If supervisors receive information that one of their employees may have or is engaged in conduct
that would be a violation of this policy, information should be gathered and documented and the
supervisor shall immediately contact the Human Resources Department. The supervisor should
take the necessary steps to obtain information about the situation, including interviewing
individuals who may have knowledge about the conduct. Supervisors should document the steps
they took in their review and the results of the review.
After completing their review of a situation, if the Human Resources Department and supervisors
determine that an employee has violated this policy, they should recommend appropriate
disciplinary action, up to and including dismissal. For other violators of this policy (including
volunteers; individuals providing temporary services through an outside agency; and citizens),
appropriate action should be taken, taking into account all of the circumstances. In a case that
involves a threat of violence, the supervisor should take reasonable steps that may be necessary to
provide appropriate safeguards in the workplace.
If supervisors receive a complaint or become aware of a situation that involves a non-employee,
they should initiate an investigation in conjunction with other appropriate County departments and
offices and take appropriate action at the conclusion of the investigation.
If supervisors become aware of a situation that constitutes an emergency, they should immediately
contact the Sheriff’s Office at 911, followed by the County Administrator, then the Director of
Human Resources. In non-emergency situations, if the employee, or the employee’s supervisor,
believes the questionable conduct constitutes a criminal offense, the employee or the supervisor
should contact the Sheriff’s Office within a reasonable time to report the matter and to determine
if the Sheriff will conduct a criminal investigation. If the Sheriff’s Office becomes involved in a
criminal investigation, supervisors will cooperate with the Sheriff’s investigation.
Section 12.4
Searches
If the County has reasonable suspicion to believe members may be violating this policy or any
other County or department policy by inappropriately possessing prohibited weapons, objects,
documents, equipment, substances, stolen property, etc., they may be asked to consent to a search
of their person.
In addition, the County reserves the right to search property under the control of an employee.
Property subject to search includes, but is not limited to, offices, computers, computer files,
computer drives, County vehicles, file cabinets, desks, and lockers. The scope of any search and
the manner in which it is performed will conform to applicable legal requirements.
Section 12.5
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Discipline/Repercussions
Employees who violate this policy will be subject to discipline, up to and including dismissal.
Depending on all of the circumstances, dismissal may be the appropriate sanction even for a first
infraction. Other violators of this policy (including volunteers; individuals providing temporary
services through an outside agency; and citizens) will be subject to appropriate action based upon
the totality of the circumstances. In addition to any discipline or other appropriate action that may
be imposed, in appropriate circumstances the County may institute a prosecution against a violator
of this policy or in its discretion lend reasonable assistance to an employee to prosecute the
offender.
In appropriate situations, the County will also prosecute citizens who engage in violent or
threatening behavior towards employees while they are performing their job duties or while on
County property or, in its discretion, lend reasonable assistance to an employee to prosecute the
offender.
Article XIII
Leave Donation
(Adopted April 5, 2007, Revised May 16, 2013)
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Section 13.0
Purpose
Isle of Wight County recognizes that employees may have a family emergency or a personal crisis
resulting in the need for time off in excess of their sick leave balance. To address this need, all
eligible employees will be allowed to donate sick leave from their unused sick leave balance to
colleagues in need. Participation is strictly voluntary.
Section 13.1
Eligibility
To be eligible to request sick leave donation, an employee must have one (1) year of full-time
employment. Employees who donate sick leave must also be employed with Isle of Wight County
full-time, for a minimum of one (1) year.
Section 13.2
Guidelines
The following situations qualify an employee to request sick leave donations:
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An employee’s serious or life-threatening personal illness or injury.
To care for an employee’s immediate family member with a life-threatening illness or
injury – Immediate family of an employee is defined as: natural parents, adoptive parents,
step-parents, foster parents, spouse, and natural, adopted or foster children, and
grandparents.
A personal crisis of severe nature that directly impacts the employee, including a natural
disaster impacting the employee’s primary residence such as a fire or severe storm.
Donations are intended for absences of long-term nature or a one-time illness of unknown duration.
There is no restriction on the number of colleagues an employee may donate sick leave. The
donation minimum is four (4) hours. The maximum sick leave donation an employee may make
to an individual colleague per fiscal year is five (5) days or fifty percent (50%) of their current sick
leave balance, whichever is less. For example, if an employee wishes to donate five (5) days of
his sick leave to a colleague, but only has four (4) days of sick leave in his personal balance, he
may only donate two (2) days of sick leave to his colleague.
An employee to whom sick leave is donated must first have used all of their own available leave.
Employees who are currently on an approved leave of absence cannot donate sick leave.
The total number of hours donated to an employee shall not exceed 320 hours (8 weeks) within a
fiscal 12 month period. Once the employee returns to work or separates employment, any portion
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of unused donated leave will be forfeited by the employee. Employees may not save unused
donated leave for follow-up appointments or subsequent absences.
Section 13.3
Procedure
Employees requesting sick leave donations must complete and submit to Human Resources a
Donation of Sick Leave Time Request Form which includes authorization to present their request
to the employees of Isle of Wight County for the sole purpose of soliciting donations.
Employees donating leave must complete forms and submit them to Human Resources. Sick leave
donations in excess of need will be returned to the donor.
Article XIV
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Bright Idea Program
Section 14.0
Objective
To further the Isle of Wight County Board of Supervisor’s objective of contributing to a green
environment, the County has implemented the Bright Idea Program. Employees who offer
suggestions will receive a fluorescent light bulb. Each fluorescent bulb uses about one-third less
energy than a standard light bulb and prevents 450 pounds of greenhouse gas emissions over its
lifetime. In addition, employees whose suggestions are implemented will be eligible to receive
monetary awards.
Section 14.1
Purpose
The Isle of Wight County Bright Idea Program encourages employees to develop suggestions that
improve the performance and quality of their work by recognizing their input and rewarding
eligible suggestions with applicable rewards.
This policy also provides a means to evaluate employee suggestions for implementation and award
eligibility.
Section 14.2
Eligibility
Eligible suggestions include those that identify a specific problem and propose suitable solutions
that increase productivity, reduce costs, improve and/or create safer working conditions, conserve
resources, and improve service to County citizens.
Employees that suggest a new or original idea or updated application of an existing process or
procedure that results in measurable savings will be eligible for a cash award. The suggestion must
identify and address a specific problem or area for improvement and present a solution and actual
benefits.
Employees that present a suggestion for which dollar savings cannot be calculated but which
results in significant improvements in County operations (improvements in customer service,
morale, safety, public relations, etc.) will be eligible for a cash award or gift certificate up to $50.
Section 14.3
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Award Level
Employees that present suggestions that generate a measurable savings to the County are eligible
for the following award levels:
Net Fiscal Year Savings
Under $10,000
$10,000-$24,999
$25,000-$99,000
$99,001-$499,000
$500,000-$1,000,000
Over $1,000,000
Award
$100
$250
$500
$1,000
$2,500
$5,000
Section 14.4
Administration
The administration of the Bright Idea Program is the responsibility of the Department of Human
Resources and suggestion forms should be submitted to the Department of Human Resources.
All suggestions will be evaluated by a review committee consisting of: Assistant County
Administrator, Director of Human Resources, Director of Budget and Finance, Director of
Information Services and Legislative Affairs, and the chair of the Employee Relations Committee.
The review committee will evaluate all suggestions, discuss the potential for savings with impacted
departments, determine the potential savings, and resolve any conflict arising from the submission
of suggestions.
The review committee will use the following factors in estimating the value of the suggestion:
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degree of improvement in operations, forms, facilities, or equipment;
degree of improvement in employee morale, safety, and customer service;
thoroughness of the proposal; and,
cost of implementation
The review committee will also evaluate the time to implement the suggestion and realize a savings
to determine when the actual award should be presented. All suggestions will require the approval
of the County Administrator prior to implementation and payment of the award.
Section 14.5
Exclusions
Suggestions that will not be considered for an award include: those that would normally be
expected within the job duties, those that do not include a solutions, those that are already under
consideration of management, and those which have already been submitted by another employee.
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The review committee has authority for final approval of suggestions and their decision cannot be
appealed through the grievance procedure.
ARTICLE XV
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Employee Safety Program
Section 15.0
Management Commitment to Safety
The executive team of Isle of Wight County is committed to providing its employees with a safe
and healthy workplace. It is the county’s basic philosophy that all incidents are preventable, when
the causes are known. It is the County’s position that:
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A safe and healthy work environment will be provided for the protection of its most vital
resources-its employees. Employee safety is of the greatest importance at all levels of
management and supervision, ranking in importance above all other things. Personal safety
will not be compromised for any reason.
Management is accountable for the prevention of workplace injuries and illnesses.
Management provides direction and full support to supervisors and employees regarding
safety and health, job training and hazard-elimination procedures. Management will
develop and communicate clear goals and objectives and provide the resources and
authority necessary to correct unsafe conditions and implement changes to improve
workplace safety.
Supervisors are directly responsible for supervising and training their employees in proper
procedures, work practices and safe methods. Supervisors must enforce county rules and
take immediate corrective action to eliminate hazardous conditions and practices. They
will not permit safety to be sacrificed for any reason.
Management and supervisors will be held accountable for ensuring employees are aware
of workplace hazards and are trained to work safely.
Management will take disciplinary action against an employee who willfully or repeatedly
violates safety rules.
Employees’ workplace recommendations to improve health and safety conditions will be
given full consideration by management.
All employees, regardless of his or her position within the county, share the responsibility
for safety and are fully responsible for their own safety and the safety of those with whom
they work. All employees are expected to cooperate in all aspects of the safety program
including these requirements:
o Perform all work tasks in a safe manner.
o Report all incident, injuries and unsafe conditions to their supervisors immediately.
o Participate in Safety and Wellness Council activities and support council
membership.
Program Administration and Overview
Purpose
The purpose of the Isle of Wight County Employee Safety Program is to prevent human suffering
and conserve resources as a result of employees serving our community in a safe manner. The
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safety policies, rules and safe work practices contained in this program provide the minimum
requirements for safety and health.
Objectives
This program was developed in accordance with the Isle of Wight County personnel policies as
well as the U.S. Department of Labor Occupational Safety and Health Act (OSHA), State of
Virginia Occupational Safety and Health Act (VOSH) and other pertinent safety directives.
Applicability
County employees, official appointees of the Board of Supervisors, volunteers, and all others who
are required to adhere to the County’s policies shall be governed by this policy. The members of
the Board of Supervisors and Constitutional Officers and their staffs will use this policy as a guide
when conducting County business.
For the purposes of this Policy the phrase “county employee and volunteer” is intended to include
all persons referenced in paragraph 1 of this section.
Responsibilities
Operating an effective occupational safety and health program is an inherent responsibility of
management at all levels. Each responsible official must ensure all personnel assigned to their
department are provided a safe and healthy working environment. Annual performance evaluations
will show personal accountability in this respect, with recognition for superior performance and,
conversely, administrative actions as proper for deficient performance.
All Isle of Wight County employees are charged with the responsibility and support of the
Employee Safety Program objectives. All employees are expected, as a condition of employment,
to adopt the concept that the safe way to perform a task is the most efficient and the only acceptable
way to perform it. Failure to follow safe work practices will be subject to disciplinary action for
both employee and supervisor.
A. Department/Agency Head
1. Ensure reasonable safety procedures and work practices pertinent to department
functions are developed and provided to employees.
2. Ensure adequate job training and continuing safety instruction is provided for all
employees.
3. Ensure an overview of the safety program pertinent to the department is presented to
all new employees during job orientation.
4. Designate a Safety Liaison to internally manage departmental safety training and
equipment needs.
5. Ensure safety training and equipment costs are included in the department’s annual
budget request.
6. Serve or provide appropriate representation on the Safety and Wellness Council.
7. Ensure accidents are properly and thoroughly investigated as to cause and prevention.
File proper reports and all pertinent facts in a timely manner with the Risk Management
Coordinator.
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8. Ensure that all inspections and audits for their divisions are completed by established
guidelines.
9. Ensure that all identified safety deficiencies are corrected in a timely manner.
10. Cooperate with the Risk Management Coordinator in matters of safety and safety
program development.
11. Set a good example for safety by working in a safe manner and encouraging others to
do so.
B. Risk Management Coordinator
1. Review all accident reports for completeness and recommend actions or further review.
Perform follow-up inspections as necessary.
2. Prepare statistical and informational reports which detail the progress or status of the
Employee Safety Program.
3. Review supervisor’s inspections reports and recommend appropriate action on noncompliant items.
4. Conduct inspections of work sites and conditions as outlined in the policy.
5. Develop a suggestion or safety complaint procedure and review all submissions.
6. Offer the required expertise to ensure that programs are meeting or exceeding minimum
federal and state regulations.
7. Review departmental safety training and equipment requests and make appropriate
budget recommendations to the County Administrator.
8. Research state and federal laws and regulations for changes or updates to employermandated training requirements.
9. Locate and schedule safety trainings as requested by departments.
10. Maintain a safety training database to monitor training compliance.
11. Produce statistical reports, safety bulletins and related safety awareness material.
12. Develop and oversee the County wide new employee orientation program; providing
awareness level training.
C. Supervisors
1. Maintain a safe work environment free of recognized hazards for employees working
under their supervision.
2. Require that their employees comply with safe rules and practices, whether or not this
program covers those rules or practices.
3. Adequately inform employees of safety and health issues and procedures and ensure
compliance as issues and policies are communicated from the Department/Agency
Head or the Risk Management Coordinator.
4. Inform employees to report accidents when they happen no matter how minor.
5. As soon as practical, provide information to an employee’s supervisor when an
employee not directly under his/her supervision reports an accident.
6. Ensure that employees are provided the necessary training to perform required tasks in
a safe and healthful manner.
7. Provide basic job training and safety instruction to new employees to help prevent
accidents.
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8. Promptly and thoroughly investigate all accidents/incidents, near accidents and
complete required reports.
9. Set a positive example by performing tasks in a safe manner.
10. Conduct self-inspections of work sites and conditions.
11. Correct any unsafe act or condition, which might result in an accident in a timely
manner.
12. Determine departmental safety training and equipment needs and make appropriate
recommendations to the Department/Agency Head for budget inclusion.
13. Purchase and issue PPE and safety equipment to employees under their supervision and
provide basic job training on its proper use and care.
14. Ensure all department employees meet and maintain mandated safety training
requirements.
15. Cooperate with the Risk Management Coordinator in matters of safety and safety
program development.
16. Set a good example for safety by working in a safe manner and encouraging others to
do so.
D. Safety Liaison
1. Communicate departmental safety training requirements to the Risk Management
Coordinator for scheduling.
2. Maintain departmental safety training database to document and monitor attendance
and certifications.
3. Assist the supervisor with maintaining required safety program documentation for the
department.
E. Employees
1. Promptly report all work related injuries and vehicle accidents to their supervisor and
cooperate with all investigations when employee has information relating to an accident
or injury.
2. Promptly report all unsafe practices or conditions to his or her supervisor.
3. Become familiar with and observe all approved safety policies and procedures for his
or her work activities, including the use of personal protective equipment.
4. Serve on the safety and wellness council when appointed and participate in all required
safety and occupational health programs.
5. Inform the supervisor in charge if employee feels for any reason that he or she is unable
to perform assigned work in a safe and healthful manner.
6. Immediately notify the supervisor when work being performed is in violation of the
provisions of this program or that work is being performed in an unsafe manner.
7. Be subject to disciplinary action in accordance with Chapter 1, Personnel, Article VII,
if employee violates safety rules, procedures or standards, or the provisions of this
article, or acts in such a manner as to endanger his or her own or another’s personal
safety.
8. Inform his or her supervisor when taking medication, which may impair physical or
mental alertness and affect ability to perform a job safely.
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9. Actively support and participate in approved programs designed to encourage health
and safety among employees.
10. Assist and support co-workers in regards to safety practices and procedures.
Inspections, Audits and Unsafe Conditions
Although the Department/Agency Head, Risk Management Coordinator and VOSH Inspectors
periodically inspect the work site, the supervisor is the Key Person to make inspections.
Supervisors shall:
1. Conduct regular inspections of all equipment, materials, work-sites and work practices
under his or her supervision in accordance with Chapter 1, Personnel, Article 15, Section
15.7.
2. Conduct informal daily inspections of all equipment, materials, work-sites and work
practices under his or her supervision.
3. If recognized, immediately stop any unsafe work condition or practice and ensure steps are
taken to correct the condition or practice before work is allowed to continue.
4. Complete Job Safety Analysis (JSA) in accordance with Chapter 1, Personnel, Article 15,
Section 15.5 for appropriate tasks.
The Risk Management Coordinator will also conduct inspections of work sites and practices on a
regular basis.
The Risk Management Coordinator shall:
1. Assist supervisors when completing self-inspections when requested and deemed
appropriate. The Risk Management Coordinator has the authority to shut down a job if a
life-threatening situation is noted during the inspection. The Department/Agency Head
shall be called to initiate corrective action.
2. Review submitted supervisory reports to ensure corrective actions have been taken and to
recommend further action.
3. Coordinate a comprehensive audit of the county’s safety program on an annual basis.
4. Conduct other inspections as deemed necessary or assist other entities such as OSHA or
VOSH with compliance.
Performance and Discipline
It is recognized that some county employees may intentionally or unintentionally violate work
rules, policies or procedures and commit unsafe acts. Therefore, each violation or unsafe act will
require immediate attention by supervisors and Department/Agency Heads to determine if
disciplinary action is required. It should be emphasized that safe work and driving practices must
be enforced for the protection of Isle of Wight County employees and all who are affected by the
work of our employees.
Supervisors shall consider violations of the safety policies and procedures when completing
employee evaluations and recommending future promotions. Employees should realize the impact
on themselves and others if they willfully or negligently commit an unsafe act.
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Training and Education
The county is committed to providing employees with the opportunity to improve themselves
through participation in training and education programs which will enhance the employee’s
ability to perform their job. This training is for both safety and professional development topics.
Employees attending training functions or safety meetings provided by the county shall confirm
attendance by signing the training attendance roster.
The training oversight function is the responsibility of the Risk Management Coordinator.
Section 15.1
General Safety and Health
The purpose of this program is to provide safety and health guidelines, rules, regulations and
procedures for performing common job functions within the County. The listed policies are by no
means inclusive of every employee’s job function. It is a listing of those deemed to be the most
hazardous, or those with the potential for causing harm to the employee or others around the work
area.
There are some specialized safety programs which are only briefly explained in this section of the
safety program because they are more explicitly detailed in later sections of this policy.
A. Personal Conduct
1. Employees shall not be under the influence of any substance, legal or illegal, which
adversely affects their ability to perform their duties in any way. No one will report to
work under the influence of any controlled substance, to include alcohol. Any
employee reporting to work or returning to work under the influence of any illegal drug
or alcohol may be terminated. The use or abuse of legal or prescription drugs that
adversely affects the employee’s ability to perform their duties in any way will result
in the immediate removal from County property, and the employee will be subject to
discipline up to and including termination of employment.
2. Controlled Substances may be taken when prescribed by a physician unless their use
affects the employee’s ability to perform his/her work safely. It is the employee’s
responsibility to notify their supervisor when using this kind of medication.
3. Personal firearms, weapons or explosives are not allowed on any County property
except in accordance with Code of Virginia, Section 15.2-915.
4. Seatbelts will be properly worn in any vehicle when on County business.
5. Smoking is permitted in designated smoking areas only. Smoking is not allowed in the
vehicles or while operating equipment.
6. Practical joking, fighting, and “horseplay” are strictly forbidden while on duty.
7. Creating or contributing to unsanitary conditions, unsafe conditions or poor
housekeeping is not permitted.
B. Personal Clothing and Accessories
1. Employees shall not wear loose or flapping clothing or have rags or other objects
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2.
3.
4.
5.
extending from pockets or belts when working on or in the vicinity of moving
machines, motors, engines, etc.
Employees shall wear clothing suitable for the weather and safe for the performance of
their duties. An employee’s supervisors may require long sleeves or pants for safety
reasons at any time.
Employees shall not wear dangling or hanging jewelry when working on machinery. It
is recommended that rings, wrist or watchbands be removed under conditions noted
above.
Employees’ hair shall be kept so as to prevent it from being caught or tangled with any
part of moving equipment.
Department/Agency Heads may establish more specific rules for their departmental
functions.
C. Office Hazards
1. Tripping hazards shall not be left or placed in aisles or in areas exposed to foot traffic.
2. Desk and file drawers and cabinet doors shall not be left open or unattended. To prevent
tipping of the file cabinet, not more than one drawer shall be opened at a time.
3. Do not carry pointed or sharp objects in pockets with points unprotected.
4. When sitting in chairs, all of the chair legs shall remain on the floor.
5. Employees shall not run in hallways or stairways. Employees shall use handrails where
provided.
6. Employees shall stand clear of all closing elevator doors. When maintenance work is
being performed, employees shall not disregard warning signs or barricades.
7. Electrical appliances shall only be used in designated areas and shall have a UL and
commercial rating.
8. When lifting, employees shall get assistance when an article is awkward or too heavy.
D. Housekeeping Practices
1. Combustible materials such as oil-soaked and paint-covered rags, waste, packing
material, and other rubbish shall not be allowed to accumulate on benches, floors,
rooms, or yards. The combustible materials shall be stored in designated areas or
receptacles a minimum of 6” away from a bulkhead and shall be appropriately
identified or labeled.
2. Stairways, aisles, exits, walkways, storage areas and work areas shall be kept free of
debris and other obstructions.
3. Material and supplies shall be stored in an orderly manner to prevent their falling,
rolling, or spreading and to prevent tripping and stumbling hazards.
4. Floors and platforms shall be kept free of oil, grease, water and other slippery materials
unless properly marked with caution signs.
5. Protruding nails should be bent over or removed.
6. Dispose of scrap and waste materials at frequent and regular intervals or at the end of
each shift.
7. All places of employment, yards, shops, storerooms, vehicles and office facilities and
job sites shall be kept clean and orderly and in sanitary condition. The supervisor shall
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be responsible for proper housekeeping in and around their respective areas.
Section 15.2
Shop Work, Machinery, Tools and Equipment
General Safety Requirements
1. Employees shall wear personal protective equipment in accordance with Chapter 1, Article
XV, Section 15.6.
2. Only authorized and properly trained employees shall operate, maintain, or repair machines
and equipment.
3. Employees shall be instructed in the proper use of tools and equipment.
4. Machine guards shall be kept in place except when removed for purpose of inspection or
repair. All guards shall be reinstalled immediately following such inspection or repair.
Hand Tools, Portable Electronic Tools, and Extension Cords
1. Inspect tools and cords prior to each use. If they appear to be unsafe, the condition should
be reported to the supervisor who shall be responsible for seeing they are repaired or
replaced. Do not use defective tools or cords until they are repaired or replaced.
2. Select the appropriate tool for the job.
3. Do not lay tools in places from which they can fall.
4. Carry sharp tools in covers or point away from the body.
5. Non-sparking tools shall be used in areas where a fire hazard exists.
6. All portable electric tools shall be double insulated or effectively grounded by means of a
three-wire cord and grounding plug. GFCI cords must be used.
7. Extension cords shall not be used for permanent installations.
8. The on/off or dead man switch shall not be taped or restricted.
Power Driven Equipment
1. All vehicles/equipment in use shall be inspected at the beginning of each shift to assure
that all parts, equipment and accessories that affect safe operation are in proper operating
condition. All defects shall be corrected before the vehicle is placed in service.
2. Roll-Over Protection Structures shall be used on all heavy motorized equipment.
3. Safety belts shall be fastened before equipment is operated.
4. The operator shall not leave machinery unattended while idling on an incline or on loose
gravel.
5. Aerial lifts, cranes, boom trucks or back hoes shall not be moved from job locations unless
the boom has been returned to the cradle position.
6. Employees shall not ride in equipment buckets not designed as manlifts.
Forklifts
1. Only employees who have successfully completed training shall operate forklifts.
2. Operators shall lower forks, shut off power and set bakes when leaving a forklift.
3. Forklifts shall be inspected before use.
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4. Passengers are not allowed on a forklift.
5. Operators shall wear seatbelts while operating forklifts.
Ladders
Fixed Ladders
1. Fixed ladders shall be designed in accordance with 29 CFR 1910.27.
2. Ladder safety devices shall be used on elevated storage tanks or other structures where a
fixed ladder with safety rail is available.
3. All ladder safety devices such as those that incorporate life belts or body harnesses shall
meet the design requirement of the ladder which they serve.
4. Ladder safety devices shall be inspected prior to ascending a ladder.
5. All safety devices must be capable of withstanding, without fail, a drop test of a 500-pound
weight dropping 18 inches.
Portable Ladders
1. Only OSHA approved ladders, in good condition, shall be used. Inspect ladders for defects
and dangerous conditions prior to use. Supervisors are responsible to procure ladders
appropriate for the work being done and ensure the serviceability of ladders in their work
place.
2. Maintain ladder markings in legible condition.
3. Visually inspect ladders before each use.
4. Remove from service ladders with defects which cannot be immediately repaired and
ensure they are scheduled for repair or destruction.
5. Straight and extension ladders should be placed with the feet approximately one-fourth of
the ladder’s extended length from the wall or object on which the top is resting. When this
position is not possible, another employee shall secure the ladder, unless the top is securely
lashed.
6. Straight and extension ladders must extend three feet above the support structure.
7. Step ladders will be fully opened and in the locked position before use.
8. When ascending or descending ladders, face the ladder and use both hands for support. An
employee’s feet shall never be placed higher than the third rung from the top of a straight
ladder, or the second step from the top of a step ladder.
9. Do not use metal or conductive ladders around or near energized conductors or equipment.
10. Only one employee may work on a ladder at a given time unless designed for use by two
people.
11. When working from a ladder where the top cannot be lashed or otherwise secured, the
reaching distance may not exceed one arm’s length to either side.
12. Carry ladders in the horizontal position only.
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Section 15.3
Emergency Action Plan
Purpose
To plan and prepare for workplace emergencies that can be reasonably expected, by auditing the
workplace, training employees, obtaining the necessary equipment and assigning responsibilities.
These emergencies may include fire, terrorism and natural disasters.
Policy
Isle of Wight County shall establish an Emergency Action Plan for establishments occupied by
county employees. The plan shall be maintained in accordance with this policy and the
requirements or 29 CFR 1910 Subpart E.
Responsibilities
A. Risk Management shall:
1. Assist in the development of plans as required.
2. Audit and spot inspect plans for compliance.
3. Maintain Plan in accordance with this policy and Subpart E of 29 CFR 1910.
4. Conduct annual and spot drills to ensure employee understanding of the Plan.
5. Instruct all newly assigned individuals on the contents of the Plan.
B. General Services Building Division:
1. Maintain building floor plans for all buildings housing County employees. Supply updates
when building configurations change.
Emergency Action Plans
A. The emergency action plan shall be maintained and made available to employees for review at
all times.
B. The emergency action plan shall include the following:
1. Procedures for reporting emergencies;
2. Procedures for emergency evacuation, including type of evacuation and evacuation zone
assignments;
3. Procedures to be followed by employees who remain to operate critical operations before
they evacuate;
4. Procedures to be followed by employees performing rescue or medical duties; and
5. The job title of the employee who may be contacted by employees who need more
information about the plan or an explanation of their duties under the plan.
Training
A. The Risk Management Coordinator shall:
1. Instruct all newly assigned employees in the contents of the Plan
2. Instruct all affected employees whenever there is a change to the Plan
3. Coordinate annual drills to ensure employees understand the contents of the Plan.
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Section 15.4
Accident/Incident Reporting and Investigation Plan
No matter how conscientious the safety effort at Isle of Wight County, accidents are going to
happen sometimes due to human or system error.
Purpose
This written Accident/Incident Reporting and Investigation Plan is intended to demonstrate
compliance with the requirements in 29 CFR 1904 by:


prescribing methods and practices for reporting and investigating accidents; and
providing a means to deal with workplace accidents in a standardized way.
It is the policy of Isle of Wight County to comply with all workers' compensation laws and
regulations.
Accident/Incident Reporting and Record Keeping Requirements
The Supervisor’s Accident/Incident Investigation Report Form, found in the Risk Management
Forms Directory, will be used for the following situations.
1. Motor Vehicle Accidents
2. Damage to County Property
3. Damage to Other Party Property
4. Injury to Employee
5. Injury to Other Party
The supervisor’s Accident/Incident Investigation Report will be forwarded through the
Department/Agency Head to the Risk Management Coordinator within 24 hours after the accident
or damage was discovered or the Monday following an occurrence on a weekend. When the
accident/incident involves vehicles, damage to County or Other party property or Injury to Other
Party the report will also be forwarded to Budget and Finance. Additionally, when the
accident/incident involves a County Fleet vehicle the report will be forwarded to the Director of
General Services.
When an accident/incident occurs the following shall take place:
A. The Employee shall:
1. Report the accident/incident to the immediate supervisor as soon as reasonably possible
after the accident; while at the scene, when possible. Reports must be made before the end
of the work period.
2. Near miss accidents/incidents should be reported as well.
3. Call 911 to summon Police and emergency medical service if needed.
4. When the accident/incident involves a County owned vehicle the operator shall follow
procedures outlined in Chapter 4, Fleet, Article I, Section 1.4.
5. Employees who are involved in or who are passengers or witnesses to an accident/incident
shall provide a written statement and take part in the supervisor’s investigation.
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B. The Supervisor shall:
1. Travel to the accident scene, when practicable, and conduct an investigation to ascertain
all pertinent information (names, addresses, license numbers, witness information,
description of incident, contributing factors, etc.) necessary to complete the Supervisor’s
Accident/Incident Investigation Report form.
2. Make every effort to photograph the scene and damage to the vehicles or equipment
involved.
3. Determine if the Substance Abuse Policy and Procedure, Chapter 1, Personnel, Article XI,
Section 11.4 is applicable to the accident.
4. Complete the Supervisor’s Accident/Incident Investigation Report Form with the aid of the
employee(s) involved.
5. Forward the completed Supervisor’s Accident/Incident Investigation Report form and all
other documentation obtained in the investigation to the Department/Agency Head for
Review.
C. The Department/Agency Head shall:
1. The Department/Agency Head shall review all accident investigation documentation and
forward to the Department of Budget & Finance Accounting Manager, Department of
Human Resources Risk Management Coordinator, and when appropriate, the Department
of General Services within twenty-four (24) hours of the accident or the Monday following
an accident which occurs on a weekend.
D. Risk Management Coordinator shall:
1. Be notified of all accidents and assist supervisors at the accident scene if necessary.
2. Obtain additional information if needed. Assist with gathering additional facts or furthering
the investigation.
3. Review events surrounding accidents involving County employees or property. As a result
of the review, findings may be made as to whether an accident was “Preventable” or “Not
Preventable” and recommendations may be made for procedures to put in place to prevent
future similar accidents. The findings and recommendations will be presented to the
Department/Agency Head and the Director of Human Resources for review and action, if
necessary. Any corrective actions of an administrative or disciplinary nature resulting from
the findings of the accident review process may be considered and administered by the
Director of Human Resources and the appropriate Department/Agency Head. Should
disciplinary action be necessary, the employee has the right to appeal in accordance with
the grievance procedure in Chapter 1, Personnel, Article VIII.
4. Maintain Accident/incident investigation reports.
5. Maintain the OSHA 300 log and compile and submit the required annual OSHA 300 injury
reports.
6. If a workplace accident results in injury or illness requiring in-patient hospitalization of an
employee or a fatality or dismemberment of one or more employees, report the incident
within eight hours to the nearest VOSH office.
E. Budget and Finance shall:
1. Complete and submit appropriate property and liability insurance claim forms.
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Personal Injury
All personal injuries must be reported to the supervisor as soon as possible following the injury.
The following steps will occur in regard to a workplace injury.
1. Employees will notify his or her supervisor and report the injury in accordance with the
workers compensation policy, Chapter 1, Personnel, Article VI, Section 6.6.
2. The supervisor shall notify the Department/Agency Head and the Risk Management
Coordinator whenever a workplace injury occurs.
3. When a workplace accident/incident results in a fatality, the loss of a limb, in-patient
admittance to a hospital for care, or injury to multiple employees, the supervisor shall
report the incident to the Risk Management Coordinator within eight hours so that VOSH
may be notified within the mandated time frame.
Accident Investigation Requirements
A thorough investigation of all accidents will lead to identification of accident causes and help:
 determine why accidents occur, where they happen, and any trends that might be developing;
 employees develop an awareness of workplace problems and hazards;
 identify areas for process improvement to increase safety and productivity;
 note areas where training information or methods need to be improved;
 suggest a focus for safety program development; and
 reduce economic losses from injuries and lost productive time.
The focus for the accident/incident investigations is to find the causes for the purpose of preventing
future incidents and injuries, not to place blame.
Supervisors will perform the following duties for all accident investigations:








Conduct the accident/incident investigation at the scene as soon as safely possible.
Ask the employee(s) involved in the incident and any witnesses, in separate interviews, to tell
in their own words exactly what happened.
After the employee has given his/her description of the event, ask appropriate questions that
focus on causes.
Gather information regarding the description of the incident, individuals involved, location,
witnesses, and events that preceded the incident.
Determine the likely sequence of events, any abnormality of events, and the probable cause of
the incident (direct, indirect, basic).
Determine what preventive actions should be taken to prevent a future incident and assign
responsibility for correction to the appropriate department or individual,
Remind the employee(s) the investigation is to determine the cause so actions can be taken to
help eliminate the cause(s) of the incident.
Complete the Supervisor’s Accident/Incident Investigation Report with the employee and
review data with employee for accuracy.
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Keep in mind, accident/incidents normally have two or more causes. It is important to properly
identify all causes so suitable controls can be implemented. It is important to address the safety
policies as well as employee action/inaction when investigating any incident.
The Risk Management Coordinator will review each investigation to ensure it is complete and
thorough. Poorly executed investigations will be returned to the responsible party for revision.
Assistance will be available upon request.
The accident investigation report is used to:






track and report injuries;
group injuries by type, cause, body part affected, time of day, and process involved;
determine if any trends in injury occurrence exist and graph those trends if possible;
identify any equipment, materials, policies, procedures, or environmental factors that seem to
be commonly involved in injury incidents;
discuss the possible solutions to the problems identified with the safety team and superiors;
and
proceed with improvements to reduce the likelihood of future injuries.
Training
The information and requirements of this written plan are presented to employees through:
 New Employee Orientation
 Policy Dissemination
Program Evaluation
The accident reporting and investigation program is evaluated annually and updated if necessary
by the Risk Management Coordinator.
Section 15.5
Job Safety Analysis
Purpose
Writing a Job Safety Analysis (JSA), establishing work rules, instructing workers to follow the
work rules, and supervisor enforcement of work rules can help reduce injuries.
Policy
A Job Safety Analysis will be conducted to:
1. Identify hazards associated with each step of any job or task that has the potential to cause
serious injury;
2. determine how to control the hazards;
3. determine Personal Protective Equipment (PPE) required for each task;
4. produce a written tool that can be used to train staff and provide documentation of training;
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and
5. meet OSHA requirement 29 CFR 1910.132 (d) by developing procedures and work rules
that are specific for each job or task
Responsibilities
1. Provide supervisor with training on how to complete JSA’s.
2. Assist the supervisor with conducting the first JSA for their area of responsibility.
3. Inspect JSA’s on file during spot inspections.
B. Supervisors shall:
1. Conduct hazards assessments of the work area within their control to identify each job/task
that has the potential to cause serious injury.
2. Conduct a Job Safety Analysis (JSA) for each identified job/task using the Job Safety
Analysis form and instructions found in the Risk Management Forms Directory.
Supervisors and staff who actually use the particular piece of equipment should work
together to develop the JSA.
3. Keep the JSA on file in the department.
4. Train affected staff on the work rules and practices outlined in the JSA.
5. Enforce the work rules.
6. Review the JSA’s for their area of control annually and when equipment or tasks change.
C. Employee:
1. Staff who actually perform the identified task and/or use the equipment should participate
in the analysis because they usually are the most knowledgeable about the hazards and
have direct control over them.
2. Staff performing tasks identified in a JSA shall follow the established work rules for the
task and utilize the identified controls and PPE.
Section 15.6
Personal Protective Equipment
Purpose
To protect County employees from exposure to work place hazards and the risk of injury through
the use of personal protective equipment (PPE). PPE is not a substitute for more effective control
methods and its use will be considered only when other means of protection against hazards are
not adequate or feasible. This section addresses general PPE requirements, including eye and face,
head, foot and leg, hand and arm, and body (torso) protection. This policy does not cover PPE
used for respiratory protection and hearing protection as the need for participation in these
programs is established through industrial hygiene monitoring.
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Policy
In accordance with 29 CFR 1910 Subpart I, personal protective equipment will be provided, used
and maintained when it has been determined that its use is required to ensure the safety and health
of our employees and that such use will lessen the likelihood of occupational injury and/or illness.
PPE will be used in conjunction with other controls unless no other means of hazard control exists.
No employee is permitted to use damaged or defective PPE.
Responsibilities
A. Risk Management Coordinator shall:
1. Assist divisions in PPE selection
2. Review PPE selection for appropriateness
3. Inspect the serviceability and availability of PPE during spot inspections
4. Provide guidance on proper use and care of PPE
1. Conduct hazards assessment for job tasks and ensure the proper PPE is available
2. Review and update PPE hazard assessments as necessary
3. Record hazard assessments and selected PPE on the Job Safety Analysis form in
accordance with Chapter 1, Personnel, Article XV, Section 15.5.
4. Issue selected PPE to users upon initial job assignment and maintain documentation of
issued PPE.
5. Ensure all users of selected PPE under their supervision are trained in the care and use of
required PPE.
6. Ensure all users of selected PPE under their supervision use and care for PPE appropriately.
7. Immediately dispose of and replace damaged or defective PPE.
C. Employees and volunteers shall:
1. Wear PPE as required.
2. Attend required training sessions.
3. Properly care for, clean, maintain and inspect PPE as required.
4. Inform the supervisor immediately of the need to replace or repair PPE.
Hazard Assessment
A. Supervisors are responsible for completing Job Safety Analysis (JSA) in accordance with
Chapter 1, Personnel, Article XV, Section 15.5
B. The JSA is a resource for supervisors to log PPE hazard assessments, assign appropriate PPE,
and inform employees of the hazards and required PPE associated with particular tasks.
C. While conducting hazard assessments the following items shall be considered in regard to PPE:
1.
2.
3.
4.
5.
Impact hazards
Penetration hazards
Compression (roll-over) hazards
Chemical hazards
Heat/Cold Hazards
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6. Harmful dust
7. Light (optical) radiation hazards
8. Biologic hazards
9. Sources of energy and electricity
10. Sources of motion
11. Sources of high temperature
12. Types of chemicals in the workplace
13. Sharp objects
PPE Selection
A. All PPE clothing and equipment shall be of safe design and construction and be maintained in
a clean and reliable condition.
B. Always check the manufacturer’s recommended usage for all PPE prior to purchase and use.
C. PPE selected shall provide a level of protection equal to or greater than the minimum required
to protect employees from hazards.
D. General requirements.
1. Eye and Face Protection
a. Shall be worn any time work operations can cause foreign objects to get in the eye.
b. Shall protect against specific workplace hazards.
c. Shall comply with ANSI Z87.1-1989.
d. Should fit properly and be reasonably comfortable to wear.
e. Should provide unrestricted vison and movement
f. Should be durable and cleanable.
g. Should allow unrestricted functioning of any other required PPE.
2. Head Protection shall:
a. Shall be worn any time work operations can cause foreign objects to get in the eye.
b. Be worn when objects might fall above and strike the head, the employee has a potential
to bump their head against fixed objects, or there is the potential for head contact with
electrical hazards.
c. Comply with ANSI Z.1-1986.
d. Be worn as designed.
e. Fit the employee.
3. Foot and Leg Protection
a. Shall be worn when an employee has exposure to or potential exposure to falling or
rolling material, crushing or penetrating materials, corrosive chemicals, poisonous
materials or electrical hazards.
b. Safety footwear shall comply with ANSI Z41-1991 or ASTM F2413-05.
c. Special conditions for electrically conductive shoes and electrical hazards safety toe
shoes shall be given for employees exposed to electrical hazards.
4. Hand and Arm Protection
a. Shall be worn where an employee is exposed to or potentially exposed to skin
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absorption of hazardous substances, electrical dangers, lacerations, bruises, scrapes or
the like.
b. The hand and arm protection chosen shall be specific to the job hazard. Examples
include:
i. Leather gloves – protection against sparks, moderate heat, blows, chips and
rough objects.
ii. Aramid fiber gloves – protection against heat, cold, and are cut and abrasive
resistant.
iii. Fabric gloves – protect against slivers, chafing, and abrasions
iv. Coated fabric gloves – general purpose with slip resistance.
v.
Chemical and liquid resistant gloves – provide an impervious barrier against
specific hazards.
5. Body Protection:
a. High visibility garments shall be worn by all County employees working around
construction equipment or within or adjacent to a roadway which shall, at a minimum,
be a Class II reflective outer garment.
b. Where the posted speed limit of a roadway is 50 mph or greater a Class III garment
shall be worn.
c. Shall be worn when an employee has exposure to temperature extremes, splashes from
hot metals or liquids, impacted from tools or machinery or materials, and hazardous
chemicals.
6. Hearing Protection:
a. Shall be required when an employee is exposed to a noise level of 85 dB for an eight
hour shift unless a standard threshold shift is experienced.
b. Shall be required when an employee is exposed to a noise level of 115 dB in a 15 minute
period.
c. No employee shall be exposed to impact/impulse noises grater then 140dB.
Training
A. Any worker required to wear PPE will receive training in the proper use and care of PPE before
being allowed to perform work requiring the use of PPE.
B. Periodic retraining will be offered to PPE users as needed.
C. The need for retraining will be indicated when:
1. An employee’s work habits or knowledge indicates a lack of necessary understanding,
motivation, and skills required to use the PPE (i.e., uses PPE improperly)
2. New equipment is installed
3. Changes in the workplace make previous training out-of-date.
4. Changes in the types of PPE to be used make previous training out-of-date.
D. The training will include, but not necessarily be limited to, the following subjects:
1. When PPE must be worn;
2. What PPE is necessary;
3. How to properly don, doff, adjust, and wear PPE;
4. The limitations of the PPE; and
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5. The proper care, maintenance, useful life, and disposal of PPE.
E. After the training, the employee will demonstrate that they understand how to use PPE
properly, or they will be retrained.
F. Training of each employee will be documented using the JSA to verify that each affected
employee has received and understands the required PPE.
Cleaning and Maintenance
A. It is important that all PPE be kept clean and properly maintained. Cleaning is particularly
important for eye and face protection where dirty or fogged lenses could impair vision.
Employees must inspect, clean and maintain their PPE according to the manufacturers’
instructions before and after each use.
B. Supervisors are responsible for ensuring that users properly maintain their PPE in good
condition.
C. PPE must not be shared between employees until it has been properly cleaned and sanitized.
D. PPE shall be distributed for individual use whenever possible.
E. If employees provide their own PPE, supervisors shall make sure that it is adequate for the
workplace hazards, and that it is maintained in a clean and reliable condition.
F. Defective or damaged PPE shall not be used and will be immediately discarded and replaced.
G. Contaminated PPE which cannot be decontaminated shall be disposed of in a manner that
protects employees from exposure to hazards.
Section 15.7
Self-Inspections
Purpose
To take a pro-active approach toward accident prevention in the workplace by regularly conducting
safety inspections.
Policy
Departments shall implement a program of self-inspections for the purpose of maintaining a safe
and healthful workplace for County employees.
Responsibilities
1. Assist supervisors and division safety liaisons with self-inspections as necessary.
2. Review checklists for compliance, applicability, and verification of completion through
spot inspections and safety program audits.
3. Provide or coordinate training for persons responsible for conducting inspections.
4. Provide guidance for development of department specific checklists.
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1. Coordinate and conduct self-inspections for their area of responsibility.
2. Manage the self-inspection program for their area of responsibility.
3. Attend training on conducting self-inspections.
4. Implement appropriate corrective actions.
5. Train employees to conduct appropriate self-inspections according to checklists.
C. Division Safety Liaison shall:
1. Assist the supervisor with maintaining self-inspection program documentation.
D. Employees and Volunteers shall:
1. Assist the supervisor with self-inspections as necessary.
2. Conduct appropriate assigned self-inspections.
Training
A. Supervisors shall receive one-time training from Risk Management regarding self-inspections.
B. The training may be repeated at the request of the supervisor or if the individual displays a
need for additional training.
C. Training shall explain the following topics in detail:
1. Purpose
2. Documentation
3. Communications and feedback
D. Employee training will be conducted by the supervisor for specific self-inspections for which
the employee is solely responsible.
Documentation
A. All self-inspection checklists shall be maintained by the Department for a period of 1 year.
B. Self-inspection checklists shall be made available for review by Risk Management at all times.
1. This is best accomplished by maintaining a self-inspection program binder. This should be
maintained by the division safety liaison.
Self-inspections
A. Self-inspections are workplace inspections that ensure the safety and health of employees.
Supervisors shall conduct self-inspections using a self-inspection checklist at least every six
months.
B. The sample Safety Self-Inspection Checklist, found in the Risk Management Forms Directory,
is a broad general example of a self-inspection checklist for use by Departments. Each
department should add or delete items to make the checklist unique and useful for their area of
responsibility. Deletions may be subject to approval by the Risk Management Coordinator.
C. Interest areas for inspections include but are not limited to:
1. Postings
2. Processing, receiving, shipping and storing
3. Building and grounds
4. Housekeeping
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5. Electricity
6. Lighting
7. Heating and ventilation
8. Machinery
9. Personnel
10. Hand and Power tools
11. Chemicals
12. Fire Prevention
13. Maintenance
14. Personal Protective Equipment
15. Transportation
16. First-Aid
17. Evacuation Plans
D. All self-inspections shall be conducted using information provided by the manufacturer where
applicable.
E. Self-inspection checklists shall be maintained by the department for three years and made
available to the Risk Management Coordinator for review when requested.
Section 15.8
Hazard Communication & Chemical Safety Program
Purpose
To ensure that the hazards of all chemicals produced or imported are evaluated, and that
information concerning their hazard is transmitted to employees.
Policy
This written program has been established for Isle of Wight County to comply with the Hazard
Communication Standard, 29 CFR 1910.1200. All departments and divisions of the County are
included within this program. Copies of this written program will be available for review by any
employee in the following locations:



On the Central network drive, in the Policies Folder
Human Resources Department
In Safety Data Sheet Binders
Responsibilities
A. The Risk Management Coordinator Shall:
1. Develop and maintain the Hazard Communication program
2. Act as a resource for implementation of the program
3. Conduct or coordinate awareness level new employee training for the program
4. Ensure Safety Data Sheet (SDS) files are acquired by departments
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5. Inspect the program at least annually
B. Department/Agency Heads shall:
1. Ensure departmental compliance with the Hazard Communication program
2. Implement corrective action as required to ensure compliance
3. Review and accept Hazardous Chemical listings for their department.
4. Ensure SDS’s are acquired for all chemicals within their department.
5. Ensure outside personnel are notified of the program.
6. Ensure the development of procedures for non-routine tasks.
C. Supervisors shall:
1. Ensure employees are informed of the workplace Hazard Communication program.
2. Determine affected employees and ensure job specific training is provided.
3. Assist the Department/Agency Head with the implementation of corrective actions as
required to ensure compliance.
4. Develop procedures for non-routine tasks
5. Conduct annual self-inspections to ensure compliance with this policy.
D. Employees shall:
1. Comply with the elements of the policy and program
2. Seek additional training as necessary to ensure awareness.
3. Wear PPE required when using hazardous chemicals.
4. Advise management of program deficiencies.
5. Assist as necessary with self-inspections
To avoid injury and/or property damage, persons who handle chemicals in any area of the County
must understand the hazardous properties of the chemicals. Before using a specific chemical, safe
handling methods and health hazards must always be reviewed.
The basic components of this program include:








Hazardous Chemical Inventory List – listed alphabetically
Safety Data Sheets
Labels and Other Forms of Warning
Employee Information and Training
Non-Routine Tasks
On-site Contractors
General Chemical Safety
Program Review
Hazardous Chemical Inventory List
A list of all known hazardous chemicals (products) used by Isle of Wight County employees is
contained in Appendix A of this written program.
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A list of hazardous chemicals used by each department is kept with corresponding safety data
sheets in Human Resources, E911, Emergency Services, General Services, and Parks and
Recreation.
Hazard Determination
All hazardous chemicals in the County are purchased materials; there are no manufactured or
intermediate hazardous chemicals. Therefore, Isle of Wight County shall rely on the hazard
determination made by the chemical manufacturer as indicated on the SDS.
Safety Data Sheets (SDS)
If chemicals not listed in Appendix A are ordered or purchased, the department making the
purchase shall be responsible to obtain the manufacturers corresponding, properly formatted,
safety data sheets and forward them to the Risk Management Coordinator for inclusion in the
Master SDS file.
The Risk Management Coordinator will review the SDS’s for completeness and proper format.
Should any SDS be incomplete, the department which made the purchase will immediately send
correspondence to the manufacturer requesting the proper information.
A complete Master file of SDSs for all hazardous chemicals to which employees of the County
may be exposed will be kept in labeled binders in Human Resources, E911, Emergency Services,
General Services, and Parks and Recreation.
Departments who use chemicals are responsible to maintain SDSs for hazardous chemicals used
by their departments, in labeled binders in the main office area of the respective department. SDSs
will be available for employees during each work shift. Should SDSs be unavailable, please
contact the Risk Management Coordinator immediately.
SDSs will be reviewed annually by the Risk Management Coordinator. Should there be any SDS
that has not been updated within the past year, a new SDS will be requested.
After three documented requests for an SDS have been unsuccessful, the problem will be reported
to the nearest Virginia Occupations Safety and Health (VOSH) office. You can find many SDSs
available on-line.
Labels and Other Forms of Warning
The Hazard Communication Standard requires that hazardous chemicals be labeled by
manufacturers. The label must contain the following:



Chemical identity;
Appropriate hazard warnings; and
Name & address of chemical manufacturer, importer, or other responsible party
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Upon delivery of chemicals, the Department/Agency Head or designee will ensure that chemicals
are labeled properly. Any chemicals without proper labeling will not be accepted.
When chemicals are transferred from the manufacturer's containers to secondary containers, the
Manager or Supervisor of each department shall ensure that the containers are labeled with the
identity of the chemicals and appropriate hazard warnings using the Global Harmonized System
(GHS) label (i.e. gas – fire hazard, Round-Up – eye warning).
The labeling procedure will be reviewed annually by the Risk Management Coordinator and
changed as necessary.
Employee Information and Training
Prior to starting work, new employees of Isle of Wight County will attend a safety orientation
program. The Risk Management Coordinator will be responsible for organizing and conducting
the initial training. This training will consist of general training covering:






Location and availability of the written Hazard Communication Program;
Location and availability of the List of Chemicals used in the workplace;
Methods and observation used to detect the presence or release of a hazardous chemical in the
workplace;
Information contained in SDSs for employees to protect themselves;
Explanation of the chemical labeling system; and
Location and use of SDS
Job Specific Training
Employees will receive on the job training from their supervisor. This training will cover the
following elements relative to the specific chemicals they will be using or will be working around
in their work area:
1.
2.
3.
4.
The specific physical and health hazard of chemicals in the workplace;
Specific control measures for protection from physical or health hazards;
Proper use and storage of the chemicals in their workplace; and
PPE requirements.
Immediate On-the-Spot Training
This training will be conducted by supervisors for any employee that requests additional
information or exhibits a lack of understanding of the safety requirements.
Following each training session, the employee is required to sign and date the training record
verifying attendance. Before any new employee can begin work which requires the use of or
potential exposure to hazardous chemicals, training as indicated for new employees must be
completed. Additional training will be provided with the introduction of each new hazard.
Records of the additional training will be maintained.
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Non-Routine Tasks
Non-routine tasks are defined as working on, near, or with unlabeled piping, unlabeled containers
of an unknown substance, confined space entry where a hazardous substance may be present and/or
a one-time task using a hazardous substance differently than intended (example: using a solvent to
remove stains from tile floors).
Steps for Non-Routine Tasks:
Step 1: Hazard Determination
Step 2: Determine Precautions
Step 3: Specific Training & Documentation
Step 4: Perform Task
The Department Supervisor will evaluate all non-routine tasks before the task commences to
determine all hazards present and the necessary precautions needed to either remove the hazard,
change to a non-hazard, or protect from the hazard (use of personal protective equipment) to
safeguard the employees present. In addition, the Department Supervisor will provide or obtain
necessary specific safety training for employees present or affected by the non-routine task and
will document the training.
Prior to an employee beginning a hazardous non-routine task, he/she must report to the Department
Supervisor to determine the hazards involved and the protective equipment and/or training
required.
All outside contractors working inside County Facilities are required to follow the requirements
of their own Hazard Communication Program. The County will provide the contractors a copy
of the Hazard Communication Program when requested. Contractors are responsible for any
chemicals they bring to the facility and notifying the appropriate staff of the chemical.
General Chemical Safety
Assume all chemicals are hazardous. The number of hazardous chemicals and the number of
reactions between them is so large that prior knowledge of all potential hazards cannot be assumed.
Use chemicals in as small quantities as possible to minimize exposure and reduce possible harmful
effects. The following general safety rules shall be observed when working with chemicals:







Read and understand the Safety Data Sheets.
Keep the work area clean and orderly.
Use the necessary safety equipment.
Carefully label all secondary containers with the identity of the contents and appropriate
hazard warnings (GHS).
Store incompatible chemicals in separate areas.
Substitute less toxic materials whenever possible.
Limit the volume of volatile or flammable material to the minimum needed for short
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

operation periods.
Ensure primary labels are legible and intact.
Provide means of containing the material if equipment or containers should break or spill
their contents.
Task Evaluation
Each task that requires the use of chemicals should be evaluated to determine the potential hazards
associated with the work. This hazard evaluation must include the chemical or combination of
chemicals that will be used in the work, as well as other materials that will be used near the work.
If a malfunction during the operation has the potential to cause serious injury or property damage,
a Safe Operational Procedure (SOP) should be prepared and followed. Operations must be planned
to minimize the generation of hazardous wastes.
Chemical Storage
The separation of chemicals (solids or liquids) during storage is necessary to reduce the possibility
of unwanted chemical reactions caused by accidental mixing. Use either distance or barriers (e.g.,
trays) to isolate chemicals into the following groups:





Flammable Liquids: store in approved locations.
Acids: treat as flammable liquids
Bases: do not store bases with acids or any other material
Other liquids: ensure other liquids are not incompatible with any other chemical in the same
storage location.
Lips, strips, or bars are to be installed across the width of storage shelves to restrain the
chemicals in case of earthquake.
Chemicals will not be stored in the same refrigerator used for food storage. If a refrigerator is used
to store chemicals, a label on the door must appropriately identify refrigerators used for storing
chemicals.
Emergencies and Spills
In case of an emergency, implement the following:





Evacuate people from the area.
Isolate the area.
If the material is flammable, turn off ignition and heat sources.
Only personnel specifically trained in emergency response are permitted to participate in
chemical emergency procedures beyond those required to evacuate the area.
Call for emergency assistance if required.
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Housekeeping
1. Maintain the smallest possible inventory of chemicals to meet immediate needs.
2. Periodically review stock of chemicals on hand.
3. Ensure that storage areas, or equipment containing large quantities of chemicals, are secure
from accidental spills.
4. Rinse emptied bottles that contain acids or inflammable solvents before disposal.
5. Do not place hazardous chemicals in salvage or garbage receptacles.
6. Do not pour chemicals onto the ground.
7. Do not dispose of chemicals through the storm drain system.
8. Do not dispose of highly toxic, malodorous chemicals down sinks or sewer drains.
9. Periodically purge old chemicals that are no longer needed.
Program Review
This written Hazard Communication Program will be reviewed by the Risk Management
Coordinator annually and updated as necessary.
Appendix A
ISLE OF WIGHT COUNTY CHEMICAL INVENTORY
Chemicals/products used in this organization:
Acetone
Ammonium Sulfate Regular
Athletic Field Marking Paint Dura Stripe White and Colors
Austin A-1 Bleach
Brite 40:1
Brite RTU Window Cleaner
Butacite
Cleaner & Conditioner
Clorox Regular Bleach
Commercial Solutions Pine Sol Brand Cleaner
Disinfectant Spray
DPD Free Chlorine Reagent
DPD Total Chloring Reagent
Drive 75 DF Herbicide
Embark 2S Plant Growth Regulator
GLY-4
GLY-4 Plus
GOJO Natural Orange Pumice Hand Cleaner
Gordon's MSMA Herbicide
Gordon's Professional Turf and Ornamental Products Trimec Classic Brand Broadleaf Herbicide
Graffiti-X
Green Hydro Clean
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Green Thumb Wasp & Hornet Killer Formula IV
Heinz Pure White Vinegar
Hilcolube
HP Super
Hydrochloric Acid
Isopropyl Alcohol
Klucel G
Lemon Odor Disinfectant Spray
Mathe Magnesium Stearate
Microcrystalline Wax
Mr. Clean All-purpose Cleaner
Oatey Purple Primer NSF
Oatey Rain-R-Shine PVC Cement
Off FamilyCare Insect Repellent IV Unscented with Aloe Vera
Orange-Solv
Ortho Home Defense Max Perimeter & Indoor Insect Control
ORVIS WA Surfactant Paste
Palaloid B-72 100% Resin
Paper Saver-Bulk
Paper Saver-Spray
Paraloid B-67 100% Resin
Pine Quat 64 Disinfectant
Pramitol 25E
Pre-lim Surface Cleaner
Pro Link Disinfectant Spray
Purell Instant Hand Sanitizer
Quick Dry
Renaissance Wax Polish
San-O 128
Self-Indicating (blue) Silica Gel
SH/CG4 Heavy Duty Motor Oil 15W-40
Silica Gel
Sterile Eyesaline Solution
Stihl Bar & Chain Lubricant
Sun Skeeter Insect Repellant & Sunscreen Towel
Sunscreen Wipes
Tannic Acid
WD-40 Aerosol
Windex Powerized Glass Cleaner (RTU)
XO-Rust Enamel
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Section 15.9
Energy Control/Lockout – Tagout
Powered machinery, electrical equipment, or pressurized systems that could cause injury or put
people in danger, is a hazard that energy control procedures can control. Employees must be alert
to devices, which after being shut down, can roll, fall, move, or release energy in a way that could
cause injury. Typical tasks requiring lockout/tagout (LOTO) procedure include, but are not limited
to:
1.
2.
3.
4.
5.
6.
Employee placing any part of their body into a machine’s point of operation
Repairing electrical circuits
Cleaning, repairing, and maintaining machinery with moving parts
Clearing blocked or jammed mechanical or operational problems
Removing or by-passing a guard or other safety device
Working on chemical, hydraulic or pneumatic systems
Purpose
To ensure all departments required to establish a Lockout/Tagout program do so utilizing the
designated procedures for affixing appropriate lockout devices or tagout devices to energy
isolating devices, and to otherwise disable machines or equipment to prevent unexpected
energization, start up or release of stored energy in order to prevent injury to employees.
Policy
All County departments with employees who perform work where the control of hazardous energy
is necessary for the safe accomplishment of maintenance or other operations will develop Lockout
– Tagout Programs specific to the machinery or equipment being maintained.
Definitions
Affected Employee – An employee whose job requires him/her to operate or use a machine or
equipment on which servicing or maintenance is being performed under lockout or tagout, or
whose job requires him/her to work in an area in which such servicing or maintenance is being
performed.
Authorized Employee – A person who locks out or tags out machines or equipment in order to
perform servicing or maintenance on that machine or equipment. An affected employee becomes
an authorized employee when that employee’s duties include performing servicing or maintenance
covered under this section.
Lockout – The placement of a lockout device on an energy isolating device, in accordance with an
established procedure, ensures that the energy isolating device and the equipment being controlled
cannot be operated until the lockout device is removed.
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Lockout Device – A device that utilizes a positive means such as a lock, either key or combination
type, to hold an isolation device in the safe position and prevent the energizing of a machine or
equipment.
Normal Operation – The utilization of a machine or equipment to perform its intended function.
Servicing and/or Maintaining – Workplace activities such as constructing, installing, setting up,
adjusting, inspecting, modifying, and maintaining or servicing machines or equipment. These
activities include lubrication, cleaning or unjamming of machines or equipment and making
adjustments or tool changes, where the employee may be exposed to the unexpected energization
or startup of the equipment or release of hazardous energy.
Setting up – Any work performed to prepare a machine or equipment to perform its normal
operation.
Tagout – The placement of a tagout device on an energy isolating device, in accordance with an
established procedure until the tagout device is removed.
Tagout Device – A prominent warning device, such as a tag and a means of attachment, which can
be securely fastened to an energy isolating device in accordance with an established procedure, to
indicate that the energy isolating device and the equipment being controlled may not be operated
until the tagout device is removed.
Responsibilities
A. Department/Agency Heads shall:
1. Ensure time is dedicated for development and implementation of the Lockout and tagout
program;
2. Ensure applicable Lockout/Tagout devices are purchased, serviceable and available for
use;
3. Establish and implement corrective actions as required to ensure compliance; and
4. Ensure the notification of outside personnel.
1. Develop and maintain the departmental Lockout/Tagout program
1. Inventory and identify all potentially dangerous machines, equipment or system types
capable of releasing hazardous energy in work areas or facilities under their control.
2. Develop LOTO procedures for those identified, which include identification of energy
source(s), location of disconnects, special hazards, and steps for shutting down,
isolating, blocking or other means necessary to bring a machine to zero-energy state.
a. Develop equipment Specific LOTO procedures for those having two or more
energy sources.
b. Develop common LOTO procedures when all of the following elements
exist:
1. Machine or equipment has no potential for stored or residual energy or
accumulation of stored energy after shutdown, which could endanger
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2.
3.
4.
5.
6.
employees
Machine or equipment has a single energy source which is readily
identified and isolation and lockout of that energy source will
completely de-energize and deactivate the machine or equipment
Machine or equipment is isolated from that energy source and locked
out during servicing or maintenance
A single lockout device will achieve a locked out condition
Lockout device is under the exclusive control of the authorized
employee performing the service or maintenance
Servicing or maintenance does not create hazards for other employees
2. Select and provide the appropriate lockout and tagout devices for their respective work
group;
3. Ensure newly purchased or replacement machinery under their control has the ability to
accept lockout and tagout devices;
4. Determine affected employees and ensure training is provided;
5. Assist the Department/Agency Head with implementation of corrective actions as required
to ensure compliance.
6. Inspect the program at least annually to ensure regulatory compliance
C. The Risk Management Coordinator shall:
1. Conduct or coordinate awareness training for all County employees.
2. Act as a resource during development and implementation of the program.
3. Inspect the program at least annually to ensure divisional compliance.
D. Employees shall:
1. Comply with the elements of the policy and program.
2. Seek additional training as necessary to ensure awareness.
3. Assist as necessary with the development and implementation of the program.
The Lockout – Tagout Program
A. Program Goals
1. Develop departmental/divisional programs in a standardized format that are easily
identifiable by all persons affected.
2. Centralize information regarding the control of hazardous energy in the work area of
affected employees to streamline inspection, component management, and compliance
assurance.
3. At a minimum, meet the requirements of 29 CFR 1910.147.
B. Written Program Requirements
1. All departmental program documents will be bound in a three ring binder of appropriate
size and made available for review at all times.
2. The binder will be marked on the front cover in large, bold print and in black font color
with:
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LOTO
Energy Control Program
Division Name
3. Program documents:
1. The cover page will contain the following statements:
i. “The purpose of the energy control program is to provide energy control
procedures, employee training and periodic inspections to ensure that before
any employee performs any servicing or maintenance on a machine or
equipment where the unexpected energizing, startup or release of stored energy
could occur and cause injury, the machine or equipment shall be isolated from
the energy source and rendered inoperative.”
ii. A summary of the division’s workplace operations and hazards associated with
hazardous energy.
iii. “All equipment shall be locked-out or tagged-out to protect against accidental
or inadvertent operation when such operation could cause injury to personnel.
Do not attempt to operate any switch, valve, or other energy isolating device
where it is locked or tagged-out.”
2. Table of contents: Standard form (Use the LOTO Table of Contents, found in the Risk
Management Forms Directory)
3. Tab 1: A list of employees identified by the Department/Agency Head who are
authorized to affix LOTO devices. LOTO device assignments will be identified on this
list.
4. Tab 2: A list of all affected employees covered by the divisional program along with
contact information and their direct supervisor’s name.
5. Tab 3: An inventory of machines/equipment County employees maintain along with
LOTO procedures identified (Use the Machine/Equipment Evaluation and Isolation
Form, found in the Risk Management Forms Directory.)
6. Tab 4: Copies of training materials. At a minimum, paper copies will be kept here at
all times for employees to review. Copies of digital media should only be kept here if
the information cannot be printed.
i. Sub-section 1: Initial LOTO briefing (From Risk Management)
ii. Sub-section 2: Specific training (Coordinated and/or conducted by the division
supervisor)
iii. Sub-section 3: Annual training (Coordinated and/or conducted by the division
supervisor)
7. Tab 5: List of trained individuals with associated training completion date and the
annual training due date.
8. Tab 6: Additional Practices (Use LOTO Additional Practices found in the Risk
Management Forms Directory)
i. Notify Outside Personnel
ii. Group LOTO Requirements
iii. Shift Change Requirements
iv. Temporary Testing and Positioning
9. Tab 7: Annual review signature page (Use LOTO Annual Program Evaluation form
found in the Risk Management Forms Directory)
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4. Inspection of the written program will be performed at least once per year by the Division
supervisor and at least once per year by the Risk Management Coordinator.
C. Lockout and Tagout Devices
1. LOTO devices must be durable, standard, standardized, substantial, and identifiable.
2. The following must be considered when purchasing LOTO devices:
i. LOTO devices shall not be used for any other purpose.
ii. LOTO devices shall be standardized within the facility in at least one of the following
criteria: Color; shape; or size; and additionally, in the case of tagout devices, print and
format shall be standardized.
iii. LOTO devices must be suitable for the environment where they will be used and
applicable to the machine/equipment to which the device is affixed.
iv. LOTO devices shall indicate the identity of the employee applying the device(s).
v.
Tags shall be constructed and printed to prevent deterioration, illegibility, and corrosion
when used in wet environments or exposed to locations where acid and alkali chemicals
are stored.
vi. Lockout devices must be substantial enough to prevent removal without the use of
excessive force or unusual techniques such as bolt cutters or cutting tools.
vii. Tagout device attachments shall be of a non-reusable type, attachable by hand, selflocking, and non-releasable with a minimum unlocking strength of no less than 50
pounds and having the general design and basic characteristics of being at least
equivalent to a one-piece, all environment-tolerant nylon cable tie.
viii. Tagout devices shall warn against hazardous conditions if the machine or equipment is
energized and shall include a legend such as the following: Do Not Start. Do Not Open.
Do Not Close. Do Not Energize. Do Not Operate.
D. General Procedural Steps During Lockout and Restart
Shut down and lockout
1.
2.
3.
4.
5.
6.
7.
8.
Only authorized persons will actually perform the lockout/tagout.
Notify all affected employees that you are going to start a lockout process.
Locate all energy sources for the equipment that will be serviced and ensure they all
are deactivated.
Every power source will have its own procedure for lockout which will include one or
more of the following:
i. Pulling a plug
ii. Opening a disconnect switch
iii. Removing a fuse
iv. Closing a valve
v. Bleeding a line
vi. Blocking the equipment
Shut down the machine by pulling the plug or disconnecting from a power source.
Turn off the main power source to the machine.
Try to turn the machine on.
Attempt to restart machine to be sure.
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9.
10.
11.
Turn the machine controls back to “off”.
The authorized person will use his/her locks to lock out all energy sources involved.
The authorized person will be certain that his/her lock, after being placed, is actually
preventing the power from being turned on.
Each employee that will work on the equipment during the lockout procedure will place
his/her own lock on the power source(s).
Place a tag with the locks. Information on the tag will include:
i. Name of authorized person
ii. Date and time of lockout
iii. Other site-specific information that may be required.
A lock belonging to one employee will never be used by anyone else.
Other authorized or affected employees in the area will never restore power to a
machine that has been de-energized but not locked out. A supervisor will be contacted
if the employee finds the machine/equipment in this condition.
Release any residual energy to get to a zero-energy state. Valves, air, gravity and fluids
are some items to check.
12.
13.
14.
15.
16.
Restart
1.
2.
3.
4.
5.
Remove any tools from the area and replace all safety guards that have been removed.
Alert everyone in the area that the lockout is about to end.
Remove the tag and each employee removes his/her own lock.
Restore all sources of energy.
Restart equipment.
E. Emergency Lockout/Tagout Removal
Lockout/Tagout devices will only be removed if the authorized employee who
implemented the device is unavailable. The Division Supervisor shall perform device
removal in the absence of the authorized employee.
F. Notification of Outside Personnel
The Department/Agency Head shall coordinate the exchange of written practices between
the County and outside personnel. All affected County employees shall be made aware of
the practices used by the contractor and abide by practices and restrictions of the outside
personnel. Outside personnel may not begin working unless their practices meet or exceed
those of the County.
G. Group LOTO Practices
An individual device shall be affixed by each authorized employee servicing or
maintaining equipment. In the event that the machine or equipment will not receive
multiple locks a hasp or other suitable gang type device will be used.
H. Shift Change
The authorized employee and their immediate supervisor are responsible for coordinating
the transfer of devices for machines or equipment that will be serviced or maintained
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through a shift change. If the transfer of devices does not occur prior to the end of the
originating employees shift the group LOTO practices shall be utilized.
I. Temporary Removal of Devices
In situations in which Lockout or Tagout devices must be temporarily removed from the
energy isolating device and the machine or equipment energized to test or position the
machine, equipment or component thereof, the following sequence of actions shall be
followed:
1. Ensure the nonessential items have been removed and the machine or equipment
components are operationally intact;
2. Ensure that all employees have been safely positioned or removed and notify affected
employees of device removal;
3. Energize and proceed with testing or positioning;
4. De-energize utilizing the procedures outlined in the program.
J. Training
1. Initial awareness level training will be conducted by the Risk Management Coordinator
during Employee Orientation and at the request of Departments who have identified
employees in need of remedial training. Topics covered during initial training include
the following:
i. Purpose and function of the LOTO program;
ii. Components of this policy and written programs;
iii. Identification of devices;
iv. Dangers of hazardous energy;
v. Prohibitions relating to unauthorized restart or reenergize of locked out or
tagged out machines and equipment;
vi. Accessing 29 CFR 1910.147 via OSHA.gov
2. Specific training for Authorized Employees shall be developed by each Department as
applicable. A written lesson plan describing the procedure for training and competency
standards shall be developed by the department and include the following:
i. Safe application, usage, and removal of the energy controls;
ii. Hazardous energy recognition and the type and magnitude of energy available
in the workplace; and
iii. A practical examination to prove competency in the utilization of procedures
and devices and hazard recognition.
3. Employee retraining shall be conducted whenever a deficiency is observed in an
employee’s performance and whenever there is a change in job assignment, equipment,
machinery, energy controls, or when a change to the written program occurs.
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K. Violations
Violations of the LOTO policy and/or program will result in disciplinary action in accordance with
personnel policy. Employees in violation of the policy and/or program are required to attend
retraining with emphasis on the area of violation.
Section 15.10
Excavations, Trenching and Shoring
A trench is a special kind of excavation which defined as an excavation whose width is less than
15 feet across and whose depth is greater than its width. It is these dimensions which make trench
operations so hazardous. Because of its narrowness, the workers in a trench are confined; and
because of the depth of the trench, cave-ins are an ever-present danger. In the event of trench wall
failure, there is little time to avoid burial. All work below ground level requires the continual
watchfulness by workers and their supervisors to protect workers.
Purpose
To protect workers who are exposed to open excavations made in the earth’s surface, and to meet
the requirements of 29 CFR 1926 Subpart P.
Definitions
Accident – the point in a sequence of unplanned events which results in an injury, illness, and/or
damage.
Accepted engineering practice – those requirements which are compatible with standards of
practice required by a registered professional engineer.
Aluminum Hydraulic Shoring – a pre-engineered shoring system comprised of aluminum hydraulic
cylinders (crossbars) used in conjunction with vertical rails (uprights) or horizontal rails (wales).
Such system is designed specifically to support the sidewalls of an excavation.
Bell-Bottom pier hole – a type of shaft or footing excavation, the bottom of which is made larger
than the cross section above to form a belled shape.
Benching – a method of protecting employees from cave-ins by excavating the sides of an
excavation to form one or a series of horizontal levels or steps, usually with vertical or near-vertical
surfaces between the levels.
Cave-in – the separation of a mass of soil or rock material from the side of an excavation, or loss
of soil from under the trench shield or support system, and its sudden movement into the
excavation, either by falling of sliding, in sufficient quantity so that it could entrap, bury, or
otherwise injure and immobilize a person.
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Competent person – one who is capable of identifying existing and predictable hazards in the
surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees,
and who has authorization to take prompt corrective measures to eliminate them.
Cross braces – the horizontal members of a shoring system installed perpendicular to the sides of
the excavation, the ends of which bear against either uprights or wales.
Face or sides – the vertical or inclined earth surfaces formed as a result of excavation work.
Failure – the breakage, displacement, or permanent deformation of a structural member or
connection so as to reduce its structural integrity and its supportive capabilities.
Hazardous atmosphere – an atmosphere which by reason of being explosive, flammable,
poisonous, corrosive, oxidizing, irritating oxygen deficient, toxic, or otherwise harmful, may cause
death, illness, or injury.
Kickout – the accidental release or failure of a cross brace.
Protective systems – a method of protecting employees from cave-ins, from material that could
fall or roll from an excavation face or in an excavation, or from the collapse of adjacent structures.
Protective systems include support systems, sloping and benching systems, shield systems, and
other systems that provide the necessary protection.
Ramp – an inclined walking or working surface that is used to gain access to one point from
another, and is constructed from earth or from structural materials such as steel or wood.
Registered Professional Engineer – a person who is registered as a professional engineer in the
state where the work is to be performed.
Sheeting – the members of a shoring system that retain the earth in position and in turn are
supported by other members of the shoring system.
Shield (Shield system) – a structure that is able to withstand the forces imposed on it by a cave-in
and thereby protect employees within the structure. Shields can be permanent structures or can be
designed to be portable and moved along as work progresses. Additionally, shields can be either
pre-manufactured or job-built in accordance with 29 CFR 1926.652(c) (3) or (c) (4). Shields used
in trenches are usually referred to as “trench boxes” or “trench shields”.
Sloping (sloping system) – a method of protecting employees from cave-ins by excavating to form
sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The
angle of incline required to prevent cave-ins varies with differences in such factors as the soil type,
environmental conditions of exposure, and application of surcharge loads.
Stable rock – natural solid mineral material that can be excavated with vertical sides and will
remain intact while exposed. Unstable rock is considered to be stable when the rock material on
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the side or sides of the excavation is secured against caving-in or movement by rock bolts or by
another protective system that has been designed by a registered professional engineer.
Structural ramp – a ramp built of steel or wood, usually used for vehicle access. Ramps made of
soil or rock are not considered structural ramps.
Support systems – a structure such as underpinning, bracing, or shoring, which provides support
to an adjacent structure, underground installation, or the sides of an excavation.
Tabulated data – means tables and charts approved by a registered professional engineer and used
to design and construct a protective system.
Trench (trench excavation) – a narrow excavation (in relation to length) made below the surface
of the ground. In general, the depth is greater than the width, but the width of a trench (measured
at the bottom) is not greater than 15 feet. If forms or other structures are installed or constructed
in an excavation so as to reduce the dimension measured from the forms or structure to the side of
the excavation to 15 feet or less (measured at the bottom of the excavation), the excavation is also
considered a trench.
Uprights – the vertical members of a trench shoring system placed in contact with the earth and
usually positioned so that individual members do not contact each other.
Wales – horizontal members of a shoring system paced parallel to the excavation face whose sides
bear against the vertical members of the shoring system or earth.
Policy
County work crews who perform excavations and/or work in excavations shall have a competent
person inspect the excavation prior to entry to ensure elimination of hazards and who remains on
site for the duration of work. All employees required to work in or around excavations shall be
trained in the hazards associated with this work.
Applicability
All employees and volunteers of County offices and departments.
Responsibilities
A. Supervisors shall:
1. Ensure a competent person is onsite during excavation operations.
2. Ensure awareness training of all personnel required to work in or around open excavations.
3. Ensure utility markings are clear and applicable permits are obtained prior to conducting
operations.
4. Notify the appropriate parties in the event of emergency or accident disturbance or damage
of existing installations.
5. Ensure a safe work zone is set up prior to conducting operations in or near the roadway in
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accordance with the Virginia Work Area Protection Manual.
6. Retain excavation inspection checklists for one year and make available for review when
requested.
B. Risk Management Coordinator shall:
1. Provide awareness level training to employees working in or around excavations.
2. Assist supervisors in acquiring training for competent persons.
C. Competent Person shall:
1. Conduct all worksite inspections regarding excavation safety.
2. Log inspections using the Excavation Inspection Checklist found in the Risk Management
Forms Directory.
Underground Installations
A. A survey of underground utilities or other installations shall be conducted and an estimated
location of these installations shall be marked prior to conducting excavation operations.
B. While the excavation is open, all installations shall be protected, supported, or removed as
necessary to safeguard employees.
1. If installations are disturbed or damaged in any way during operations, the supervisor shall:
i. Call 911 and evacuate the area if a dangerous situation is created.
ii. Contact the owner immediately.
iii. Not attempt to repair or cover up accidental damages.
Access, Egress and Additional Precautions
A. Means of egress shall be located in excavations greater than or equal to four feet in depth and
shall not be located more than 25 feet of lateral travel from employees.
B. Ramps and runways for employees’ access and egress shall be designed by a competent person
in accordance with 20 CFR 1926.651 paragraph C.
C. Employees shall wear a Class II or III reflective outer garment when working in or around
excavations.
D. When working near the roadway the supervisor shall ensure the requirements of the Manual of
Uniform Traffic Control Devices and the Virginia Work Area Protection Manual is consulting
and appropriate safe zones are established.
E. No employee shall work underneath loads handled by lifting or digging equipment.
1. Employees must stand away from vehicles being loaded or unloaded to prevent contact due
to spillage or falling materials.
F. No employee shall work in an excavation where water accumulation exists unless:
1. Special support systems are implemented to protect employees from cave-ins,
2. Water removal equipment is used and monitored by a competent person, and
3. Surface water is diverted and controlled.
G. A warning system shall be established by the supervisor to when mobile equipment must
approach an excavation and the operator does not have an unobstructed line of sight to the
excavation. The following may be utilized:
1. Barricades
2. Hand signals
3. Stop logs
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H. Walkways shall be provided where employees or equipment are required or permitted to cross
over excavations.
I. Guardrails shall be provided where walkways are six feet above lower levels.
Hazardous Atmospheres
A. Where oxygen deficient atmospheres may exist, atmospheric testing shall be conducted for
excavation greater than four feet in depth.
B. Adequate precautions shall be taken, such as providing ventilation, to meet acceptable
atmospheric standards.
C. Where atmospheric controls are used, atmospheric monitoring shall be conducted as often as
necessary to ensure a safe atmosphere.
D. Emergency rescue equipment appropriate for the excavation shall be made available when
hazardous atmospheres are reasonably expected to develop during operations.
1. This equipment shall be attended by a person trained to use the equipment in the event of
emergency.
E. Employees entering bell-bottom pier holes or the like shall wear a harness with a lifeline
securely attached.
1. The lifeline shall not be used to handle materials.
2. The lifeline shall be individually attended while employee is in the excavation.
Stability of Adjacent Structures
A. Support systems such a shoring, bracing, or underpinning must be used to support structures
that may be unstable due to excavation operations.
B. Excavating below the base or footing of a foundation or wall is not permitted unless:
1. Support system is provided to ensure the stability of the structure; or
2. The excavation is in stable rock; or
3. A Registered Professional Engineer approves the operation.
C. Support systems must be provided for sidewalks, pavements, and other structures that may be
affected by the excavation operation.
D. Protection of employees from loose rock or soil.
1. Employees must be protected from being struck by materials falling or rolling from the
edge and face of the trench.
2. Spoil piles and equipment must be back at least 2 feet from the edge of the trench and/or a
retaining device must be installed.
E. Fall protection is required for walkways and bridges over trenches. Bridges and walkways must
be equipped with standard guardrails and toe boards. Other fall protection may also be
required.
F. All excavations must be backfilled, covered, or barricaded if left unattended.
Inspections
A. Daily inspections of excavations, protective systems and adjacent areas shall be completed by
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a competent person.
B. Additional inspections shall be conducted:
1. Prior to starting work
2. As needed throughout the shift
3. After rainfall or other hazard increasing event occurs.
C. Inspections shall be recorded on the Excavation Inspection Checklist Form, found in the Risk
Management Forms Directory, and kept for a period of one year or until the next excavation
at the same location.
Protective Systems
A. All employees must be protected from cave-ins by shields, sloping or shoring.
1. A competent person is required even when the trench is less than 5 feet deep.
B. Protective systems must have the strength to resist all intended or expected loads.
C. Employees must be protected from cave-ins when entering and exiting trench shields and
protective systems.
D. Employees are not permitted in shields when they are being installed, removed, or moved
vertically.
E. Design of sloping and benching systems must be selected and constructed using one or more
of four alternative methods.
1. Option 1 Allowable configurations and slopes.
i. Sloped at an angle of 34 degrees = 1-1/2 to 1.
ii. Use of other configurations described in Appendix B of 29 CFR 1926 Subpart P for
Type C soil classifications.
2. Option 2 Determination of sloping and benching configurations using Appendices A and
B of 29 CFR 1926 Subpart P.
i. Soil and rock must be classified based on:
a. Site and environmental conditions
b.The composition of the soil
c. Acceptable visual and manual tests for classifying soils as described in
Appendix A of 29 CFR 1926 Subpart P
ii. Selecting sloping or benching configuration from Appendix B of 29 CFR 1926
Subpart P based on soil type.
3. Option 3 Designs using other tabulated data, such as tables and charts, may be used to
select sloping and benching configurations when the following requirements met.
i. Identity of the Registered Professional Engineer who approved the data must be
stamped on the data.
ii. The tabulated data must be in written form, describing detailed information on its
use and limitations.
iii. Tabulated data must be at job site during construction of the protective system.
iv. After construction of the protective system, the tabulated data may be kept off site
but must be available for inspection.
4. Option 4 Sloping ano/or beinching designs prepared and approved by a Registered
Professional Engineer may be used when the following requirements are met.
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i.
ii.
iii.
iv.
v.
Identity of the Registered Professional Engineer who approved the data must be
stamped on the sloping and/or benching designs.
Designs must identify the project.
The configurations must be determined safe for the project.
Designes must be at the job site during construction of the sloping and/or benching
configuration.
After construction of the sloping configuration, the designs may be kept off site,
but must be available for inspection.
F. Excavations greater than 20 feet in depth must be designed by a Registered Professional
Engineer and the tabulated data and design must be available for inspection, unless using a
protective system approved for depths greater than 20 feet.
G. Design of support systems, shield systems, and other protective systems must be selected and
constructed in accordance with the following options:
1. Option 1 – Design using appendices A, C and D of 29 CFR 1926 Subpart P may be used
by a competent person.
i. Timber shoring is designed by using Appendices A and C.
ii. Appendix A and D of 29 CFR 1926 Subpart P may be used for hydronic
shoring if the manufacturers tabulated data is not available or cannot be used.
2. Option 2 – Design using pre-manufactured protective systems (shoring, shields, or other)
and components must be prepared using the manufacturer’s tabulated data.
i. Deviations from the use of the manufacturer’s specifications must be
approved by the manufacturer.
ii. Manufacturer’s written approval to deviate from a specification must be on
site during construction of the system.
iii. After construction of the system, the written approval may be off site but must
be available for inspection.
3. Option 3 – Design using other tabulated data, such as tables and charts, may be used to
design support systems, shield systems, or other protective systems.
i. There must be enough information to make an accurate selection of the
protective system.
ii. Identity of the Registered Professional Engineer who approved the data must
be stamped on the data.
iii. The tabulated data must be in written form, describing detailed information
on its use and limitations.
iv. Tabulated data must be at the job site during construction of the protective
system.
v.
After construction of the protective system, the tabulated data may be kept off
site but must be available for inspection.
4. Materials and equipment used for protective systems
i. Must be free from damage or defects.
ii. Must be maintained in good condition.
iii. Must be inspected by a competent person and removed from use if determined
unsafe.
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iv.
If determined by a competent person to be unsafe, must be evaluated and
approved by a registered professional engineer before being returned to
service.
5. Installation and removal of supports.
i. Members of the support system must be securely connected together.
ii. Employees must be protected from cave-ins and other hazards during
installation and removal.
iii. Members of the support system may not be overloaded.
iv. Precautions must be taken to prevent cave-in during removal of structural
supports. Removal must start from the bottom.
v.
Observe structure for indications of failure during removal of support
systems.
vi. Backfill as removal of support systems progress.
6. Additional requirements for support systems for trench excavations.
i. Removal of materials to a depth 2 feet below the bottom of the support system
is permitted if:
1. The system is designed to resist loads at the full depth of the trench.
2. There are no indications of the possible collapse of soil from behind or
below the bottom of the support system.
ii. Support systems must be installed as the excavation of the trench proceeds.
7. Employees are not permitted to work on the faces of sloped or benched excavations above
other employees, unless the employees at the lower level are protected from being struck
by materials or equipment.
8. Shield systems (trench boxes)
i. Systems should not be overloaded
ii. Lateral or hazardous movement should be restricted.
iii. Employees must be protected from cave-ins when entering and exiting the
shield.
iv. Employees are not permitted in shields during installation, removal, or
vertical movement.
v.
Employees may remain in shield during horizontal movement as long as the
shield is not lifted in any way.
vi. Removal of materials to a depth of 2 feet below the bottom of the support
system is permitted if:
1. The system is designed to resist loads at the full depth of the trench.
2. There are no indications of possible collapse of soil from behind or
below the bottom of the support system.
Training
A. Awareness training for employees will be conducted by Risk Management.
B. Competent person training will be conducted or acquired as appropriate.
C. Training shall be documented in the employees electronic personnel file.
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Section 15.11
Confined Space Entry
Purpose
To provide a means by which employees are protected from hazards associated with entering
confined spaces and to develop procedures by which employees shall enter such spaces. This
program has been designed to comply with Occupational Safety and Health Administration
(OSHA) standard 29 CFR 1910.146, Permit-Required Confined Spaces, and Virginia Department
of Labor and Industry standards.
Policy
All spaces owned or operated by the County that meet the definition of confined spaces shall be
identified and appropriately marked, and access to such spaces shall be controlled.
Employees are prohibited from entering any space meeting the definition of permit required
confined space, unless the following conditions are met:
A. The County determines that employees must enter permit required confined spaces to perform
duties of the department.
B. The employees are trained in the duties under this policy which they are to perform.
C. The space is rendered safe for entry by:
1. Issuance and compliance with the conditions of a permit;
2. The space is reclassified as a non-permit space; or
3. Alternate entry procedures are performed.
Permits issued under the procedures in this policy shall be limited in duration to no longer than
eight hours.
Applicability
This program applies to all departments that have employees who work in confined spaces. A
confined space is a space that meets all three criteria:
A. Is large enough that a person can bodily enter and perform assigned work.
B. Has limited or restricted means for entry or exit.
C. Is not designed for continuous human occupancy.
Note: Spaces that are designed for human occupancy are typically provided with lighting,
ventilation, and sufficient room to work.
Examples of confined spaces in Isle of Wight County include:
1. Storage or water tanks
2. Sewers
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3.
4.
5.
6.
Manholes
Pipelines
Tunnels
Excavations/trenches
Definitions
Confined Space Definitions
A. Confined space - any space that is 1) large enough and so configured that an employee can
bodily enter and perform assigned work, 2) has limited or restricted means for entry or exit,
and 3) is not designed for continuous employee occupancy.
1. Confined spaces include, but are not limited to: storage tanks, pits, vats, vessels, sewer
manholes, electrical manholes, vaults, pump or lift stations, septic tanks, boilers,
pipelines, tunnels, ventilation and exhaust ducts, trenches, and excavations.
B. Non-permit confined space - a confined space which after evaluation is unlikely to have
potential hazards, or the hazards have been eliminated by engineering controls.
C. Permit-required confined space - a confined space which after evaluation is found to contain
actual or potential hazards which have not been eliminated by engineering controls. Written
authorization for entry is required if the space has one or more of the following characteristics:
1. Contains or has a potential to contain a hazardous atmosphere;
2. Contains a material that has the potential for engulfing an entrant;
3. Has an internal configuration such that an entrant could be trapped or asphyxiated by
inwardly converging walls or by a floor which slopes downward and tapers to a smaller
cross-section; or
4. Contains any other recognized serious safety or health hazard.
Person Definitions
A. Attendant - a designated individual stationed outside a permit space who monitors entrants and
performs attendant's duties as assigned and required by this program.
B. Authorized entrant - an employee who is authorized by the employer to enter a confined space.
C. Entrant - any authorized employee who enters a confined space, including any part of the
employees' body breaking the plane of any opening of the confined space.
D. Entry Supervisor - the departmental person responsible for determining if acceptable entry
conditions are present in a confined space where entry is planned, for authorizing and
overseeing entry operations, and for terminating entry as required by this program.
1. An entry supervisor also may serve as an attendant or as an authorized entrant, as long
as that person is trained and equipped as required by this section for each role he or she
fills. Also, the duties of entry supervisor may be passed from one individual to another
during the course of an entry operation.
E. Rescue Team - those persons whom the employer has designated prior to any permit-required
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confined space entry to perform rescues from confined spaces, i.e. certified staff in the
Department of Emergency Services or Volunteer Fire & EMS representatives.
Hazard Definitions
A. Engulfment - the surrounding and effective capture of a person by finely divided solids or a
liquid substance that can be aspirated to cause death by filling or plugging the respiratory
system or that can exert enough force on the body to cause death by strangulation, constriction,
or crushing.
B. Hazardous Atmosphere - means an atmosphere that may expose employees to the risk of death,
incapacitation, impairment of ability to self-rescue (that is, escape unaided from a permit
space), injury, or acute illness from one or more of the following causes:
1. Flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit
(LFL);
2. Airborne combustible dust at a concentration that meets or exceeds its LFL;
NOTE: This concentration may be approximated as a condition in which the dust
obscures vision at a distance of 5 feet (1.52 m) or less.
3. Atmospheric oxygen concentration below 19.5 percent or above 23.5 percent;
4. Atmospheric concentration of any substance for which a dose or a permissible exposure
limit is published in Subpart G, Occupational Health and Environmental Control, or in
Subpart Z, Toxic and Hazardous Substances, of this Part and which could result in
employee exposure in excess of its dose or permissible exposure limit;
NOTE: An atmospheric concentration of any substance that is not capable of causing
death, incapacitation, impairment of ability to self-rescue, injury, or acute illness due
to its health effects is not covered by this provision.
5. Any other atmospheric condition that is immediately dangerous to life or health
(IDLH).
C. Immediately dangerous to life or health (IDLH) - any condition that poses an immediate or
delayed threat to life, or that would cause irreversible adverse health effects or that would
interfere with an individual's ability to escape unaided from a confined space.
D. LEL/LFL - lower explosive/flammable limit; the minimum concentration of vapor-in-air or
vapor-in-oxygen below which propagation of flame does not occur on contact with a source of
ignition. Expressed in terms of percentage by volume of gas or vapor in air.
E. Oxygen deficient atmosphere - an atmosphere containing less than 19.5% oxygen by volume.
F. Oxygen enriched atmosphere - an atmosphere containing more than 23.5% oxygen by volume.
G. PEL - permissible exposure limit; the allowable air contaminant level established by the
Occupational Safety and Health Administration (OSHA).
H. UEL/UFL - upper explosive/flammable limit; the maximum proportion of vapor or gas in air
above which flame propagation does not occur. Expressed in terms of percentage by volume
of gas or vapor in air.
Hazard Control Definitions
A. Acceptable entry conditions - the conditions that must exist in a confined space to ensure that
employees can safely enter and work within the space.
B. Blanking or blinding - the absolute closure of a pipe, line, or duct by the fastening of a solid
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C.
E.
F.
G.
H.
plate (such as a spectacle blind or a skillet blind) that completely covers the bore and that is
capable of withstanding the maximum pressure of the pipe, line, or duct with no leakage
beyond the plate.
1. A blank is designed as a flat plate between two flanges, typically inside the flange bolt
pattern. The blank must be sized for full design pressure (maximum non-shock pressure
rating) of the line.
2. A blind is designed as a bolted flat plate, which can be used to terminate a pipe line.
Double block and bleed - the closure of a line, duct, or pipe by closing and locking or tagging
two in-line valves and by opening and locking or tagging a drain or vent valve in the line
between the two closed valves.
D. Inerting - the displacement of the atmosphere in a confined space by a noncombustible gas
(such as nitrogen) to such an extent that the resulting atmosphere is noncombustible.
NOTE: This procedure produces an IDLH oxygen-deficient atmosphere that can only be
entered using self-contained breathing apparatus (SCBA) and following permit-required
confined space entry procedures.
Isolation - the process by which an energy source is removed from service and completely
protected against the release of energy and material into the space by such means as: blanking
or blinding; misaligning or removing sections of lines, pipes, or ducts; a double block and
bleed system; lockout or tagout of all sources of energy; or blocking or disconnecting all
mechanical linkages.
Line breaking - the intentional opening of a pipe, line, or duct that is or has been carrying
flammable, corrosive, or toxic material, an inert gas, or any fluid at a volume, pressure, or
temperature capable of causing injury.
Local exhaust ventilation - a system used during welding, cutting or other similar operations
in confined spaces as necessary to remove harmful gases, smoke and fumes.
Lockout-tagout - placing locks or tags on the energy isolating device (e.g. breaker boxes,
control switches, valves, etc.) to prevent the unauthorized re-energization of the device or
circuit while work is being performed by personnel. Tags shall indicate that the energy isolated
device must not be operated until the tag is removed by the individual(s) that installed the tag.
Permit Definitions
A. Alternate Entry Procedures- the use of continuous forced air ventilation and atmosphere
monitoring in lieu of a permit to enter a permit required confined space that:
1. Has an actual or potential hazardous atmosphere that can be demonstrably controlled by
continuous forced air ventilation alone; and
2. Has no other hazards of any kind.
B. Emergency - any occurrence or event inside or outside of the confined space that could
endanger entrants.
C. Entry - the action by which a person passes through an opening into a permit-required confined
space. Entry includes ensuing work activities in that space and is considered to have occurred
as soon as any part of the entrant's body breaks the plane of an opening into the space.
D. Entry permit (permit) - means the written or printed document that is provided by the employer
to allow and control entry into a permit space and that contains the information specifically
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identified by this program.
E. Prohibited Condition- any condition in a permit space that is not allowed by the permit during
the period when entry is authorized.
F. Testing - the process by which the hazards that may confront entrants to a confined space
are identified and evaluated. Testing includes specifying the tests that are to be performed
in the permit space.
NOTE: Testing enables employers both to devise and implement adequate control
measures for the protection of authorized entrants and to determine if acceptable entry
conditions are present immediately prior to, and during, entry.
Other Definitions
A. Ground-fault circuit-interrupter - a device designed to disconnect an electric circuit when it
seeks ground through a person or grounded object, thus preventing electric shock and fires.
B. Hot work permit - the employer's written authorization to perform hotwork operations (e.g.
welding, cutting, burning, or heating) capable of providing a source of ignition.
C. Retrieval System - the equipment used for non-entry rescue of persons from confined spaces,
and includes retrieval lines, chest or full body harness, and a lifting device or anchor. A
retrieval line is primarily for use in vertical entry confined spaces, and must not be used in
confined spaces consisting of horizontal tunnels or spaces where obstructions could increase
the hazard to the entrant during emergency retrieval.
D. Zero Mechanical State - the mechanical potential energy of all portions of the machine or
equipment is set so that the opening of the pipe(s), tube(s), hose(s) or actuation of any valve,
lever, or button will not produce a movement which could cause injury.
Responsibilities
1. Provide awareness level training to employees working in or around confined spaces.
2. Assist supervisors in acquiring training for entrants, attendants and entry supervisors.
3. Maintain employee training certificates in the employee’s personnel file for the duration of
employment.
4. Conduct periodic onsite program inspections, including audit of entry procedures and
review of competed confined space hazard assessment forms and/or entry permits.
5. Review the program annually for effectiveness and compliance with all regulations.
B. Supervisors of employees who are required to enter an identified confined space shall:
1. Implement all provisions of the Confined Space Entry Plan for work areas under their
control.
2. Identify each space under their control which meets the definition of confined space in
accordance with 29 CFR 1910.146 (b) and maintain a written inventory of such spaces.
3. Evaluate each identified space or space class to determine if it is a permit required or nonpermit required space using the Confine Space Hazard Assessment form found in the Risk
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Management Forms Directory. Retain the Assessment form with the written inventory.
i. For all spaces classified as non-permit required, the supervisor must certify on the
Confined Space Hazard Assessment form the basis for determining that all hazards
in the space have been eliminated. Certification must contain the date, location of
the space and the signature of the person making the determination.
4. Maintain a written inventory of all identified confined spaces with designation of each as
non-permit or permit required.
5. Update the inventory when necessary to incorporate newly acquired or identified confined
spaces.
6. Provide access to the inventory list and entry designation to all affected managers,
employees and the Risk Management Coordinator.
7. Select, appropriate employees as permit-required confined space “entry supervisors”,
entrants and attendants and ensure each attends an approved Confined Space Entry training
course.
8. Provide site-specific training to authorized Confined Space entrants regarding the specific
equipment and practices used during entry for the spaces each entrant is authorized to enter.
9. Provide operational control and maintenance of equipment within their respective
departments.
10. Retain canceled Entry Permits for not less than one year following the date of entry and
produce them, upon request, for inspection and audit.
11. Ensure testing instruments are calibrated and maintained in accordance with the
manufacturer’s specifications and maintain related records for one year.
12. Maintain calibration gases and test accessories to service all respective departmental
monitoring instruments.
13. Ensure that warning signs are posted immediately outside of entrances to a Confined
Spaces, and that such signs are secured. (Underground utility access vaults will not be
posted. Employees will be informed of the Confined Space classification of these spaces
during Confined Space training.)
14. Ensure entrances to confined spaces are locked when feasible.
15. Ensure that all personnel performing contractual work on County owned property comply
with the requirements of the OSHA Standard 1910.146 by providing their own written
program, equipment, and supervision of their employees.
C. Entry Supervisors shall:
1. Adhere to all requirements of the Confined Space Entry Plan
2. Complete all safety training requirements, request further instruction if unclear on any part
of the training and comply with documentation procedures;
3. Complete the Confined Space entry permit, found in the Risk Management Forms
Directory, and verify that all precautions and pre-entry procedures have been fulfilled prior
to entry into a permit required space;
4. Terminate entry and cancel permits in the event conditions within the space change,
entrants show signs of over-exposure or conditions cannot be verified;
5. Verify the availability of a local rescue team prior to entry
6. Establishing the means for communication between entrants, attendants and emergency
services dispatcher.
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7. Assure that unauthorized people do not enter the Confined Space during the time that
authorized entry is in progress.
8. Assure that appropriate personal protective equipment is available and used by entrants;
9. Assure that original entry permits are forwarded to the department supervisor upon
completion or termination of a Permit-Required Confined Space entry.
10. Coordinate entry operations with outside contractors.
Note: An entry supervisor also may serve as an attendant, or as an authorized entrant, as
long as that person is trained and equipped to do so. The duties of entry supervisor may be
passed from one individual to another during the course of an entry.
D. Qualified Person(s)
Each department may designate staff as a “Qualified Person(s)” to inspect non-routine
spaces (spaces not on the inventory) and to authorize entry into same as outlined in this
program. The department supervisor shall certify all “Qualified Person(s)” to the Director
of their respective department with the Qualified Persons Certification form found in the
Risk Management Forms Directory.
The Director will forward a copy of the Qualified Persons Certification form to the Risk
Management Coordinator.
Qualified Person(s) shall inspect confined spaces for compliance with the atmospheric
reading contained in this program and complete a Confined Space Hazard Assessment form
prior to any personnel entering this space.
E. Authorized Entrant
Personnel entering confined spaces must only do so after receiving appropriate training.
Authorized entrants shall:
1. Know the hazards that may be faced during entry, including information on the mode, signs
or symptoms, and consequences of the exposure,
2. Properly use any equipment associated with the entry, including prescribed personal
protective equipment and other controls as directed by the Entry Supervisor,
3. Communicate with the attendant as necessary to enable the attendant to monitor entrant
status and to enable the attendant to alert entrants of the need to evacuate the space, and
4. Alert the attendant whenever warning signs or symptoms of exposure to a dangerous
situation are recognized, a prohibited condition is recognized, and exit the space if
indicated.
F. Designated Attendant
Personnel designated as "Attendant" by the Entry Supervisor shall:
1. Know the hazards that may be faced during entry, including information on the mode, signs
or symptoms, and consequences of the exposure,
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2. Know the possible behavioral effects of hazard exposure in authorized entrants,
3. Continuously maintain an accurate count of authorized entrants in the space and ensure
that the means used to identify authorized entrants accurately identifies who is in the space.
4. Remain outside the space during entry operations until relieved by another attendant.
5. Communicate with authorized entrants as necessary to monitor entrant status and to alert
entrants of the need to evacuate the space.
6. Monitor activities inside and outside the space to determine if it is safe for entrants to
remain in the space and order the authorized entrants to evacuate the space immediately
under any of the following conditions:
i. The attendant detects a prohibited condition;
ii. The attendant detects behavioral effects of hazard exposure in the authorized
entrants;
iii. The attendant detects a situation outside the space that could endanger the
authorized entrant; or,
iv. The attendant cannot effectively and safely perform the requirements of this
section.
7. Summon rescue and other emergency services as soon as the attendant determines that
authorized entrants may need assistance to escape from permit space hazards.
8. Warn unauthorized persons to stay away from the confined space, advise the unauthorized
persons that they must exit immediately if they have entered the space, and inform the
authorized entrants and the entry supervisor if unauthorized persons have entered the space.
9. Perform non-entry rescues as specified herein.
10. Perform no other duties that might interfere with the attendant's primary duty to monitor
and protect the authorized entrants.
G. Employees
All employees shall assume responsibility for their own safe working actions and be familiar
with the requirements of this program and comply with the rule and requirements contained
herein.
H. Contractor(s)
Contractor(s) must comply with all local, state and federal safety requirements and must assure
that all employees performing work on Isle of Wight County property have their own written
program, been suitably trained, are provided appropriate personal protective equipment, and
supervision of their employees. Contractor(s) performing work in County owned confined
spaces must coordinate their work with the contracting department, as appropriate.
Program Requirements
Departments are responsible to identify, evaluate, and classify as non-permit or permit required
confined spaces in their work areas and develop written assessments and entry protocols. Hazards
of each permit space shall also be indicated.
Employees must be informed of such spaces in the work area by posting danger signs, or by other
equally effective means. Departments are responsible for providing and applying appropriate signs
in accordance with 29 CFR 1910.146(c) (2).
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Where departments decide that employees will not enter permit spaces, effective measures must
be taken to prevent inadvertent and unauthorized entry. Unauthorized entry into a confined space
is strictly prohibited due to the potential for death, incapacitation, injury or acute illness.
Employees who work in the vicinity of, but who will not enter, confined spaces should attend
Confined Space Awareness training.
Departments with personnel who need to enter confined spaces for work-related activities must
have a trained entry supervisor to oversee entry activities, including assessing the conditions of
the space prior to entry, performing air monitoring and ensuring appropriate hazard controls have
been implemented and are effective.
Personnel entering the confined space, or serving as an attendant must also attend Confined Space
Entrant/Attendant/Supervisor level training. If the space has been classified as "permit-required",
entry, assessment, and rescue services must be coordinated through the appropriate supervisor.
Entry Procedures
A. For All Entry Types
During any confined space entry, all safety rules and procedures shall be followed.
1. Smoking in a confined space is prohibited.
2. Any use of chemicals in a confined space must be pre-approved by the Supervisor and the
SDS must be available at the work location.
3. Any hot work conducted in a confined space must be approved by the Supervisor in
accordance with OSHA rules and regulations and a Hot-work Permit, found in the Risk
Management Forms Directory, must be issued.
4. Adequate and approved lighting (appropriate for the conditions) shall be provided.
5. Personal protective equipment shall be provided to workers as necessary for safe entry. All
PPE must be selected, used, and maintained in accordance with the Personal Protective
Equipment Program.
6. All PPE must be approved by the Entry Supervisor.
7. Electrical equipment used in the confined space shall be appropriate for the hazard and
meet the requirements of the National Electric Code.
8. Any condition making it unsafe to remove an entrance cover must be eliminated before the
cover is removed.
9. When the cover has been removed, the opening(s) shall be promptly guarded to prevent
accidental falls into the opening and to prevent objects from falling into the opening.
10. Appropriate vehicle and pedestrian barriers shall be used to protect workers.
11. Any atmosphere that is hazardous or conditionally unstable shall not be entered. The entry
supervisor will cancel the permit until conditions improve.
Pre Entry Duties
1. Determine date of entry, time, entry location and number. The entry supervisor obtains the
descriptive identification of the space and reviews Confined Space Hazard Assessment
Form on file for that space including the entry procedures indicated.
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2. All hazards must be identified and the hazard effectively eliminated or controlled
prior to entry. Hazards and controls must be identified on the assessment form.
3. Conduct initial atmospheric testing to determine current atmospheric condition.
4. Document any other recognized hazard that could result in accidental injury or
occupational illness requiring treatment greater than first aid.
5. The entry supervisor must determine the appropriate entry procedure indicated by the
Assessment Form. Entry will either be:
i. Non-Permit Required (i.e. no hazards or hazards have been eliminated) - If all
hazards can be controlled from outside of the space and there are no atmospheric
hazards, entry may be conducted using the Confined Space Entry Procedure,
ii. If the only uncontrolled hazard is either an actual or potential atmospheric hazard,
entry may be conducted under the Forced Air Ventilation Entry Procedure, or
iii. Permit-Required Confined Space - If all hazards have not been effectively
eliminated or controlled, the entry supervisor must consult with the department
supervisor prior to using the Permit Entry Procedure.
6. Notification of the selected rescue personnel shall be required for each permit required
entry.
B. For Non-Permit Entry
This procedure is to be used only if all hazards identified in the confined space have been
eliminated, isolated, or otherwise controlled so as not to expose entrants to additional risk.
1. The departmental confined space entry supervisor must complete the Confined Space
Hazard Assessment Form, prior to personnel entering the confined space. The Supervisor
must recertify all hazards within the space have been eliminated or isolated prior to
entry (i.e. the space is reclassified); and there may be no atmospheric hazard present
in the space (or that will be created by the work to be performed).
2. Establish personal protective equipment and procedural requirements for entry.
3. Establish and maintain communication between entrants and personnel outside the
confined space. Notify appropriate departmental personnel when entry begins (and when
all personnel have exited the confined space).
4. Atmospheric testing must be conducted and results must be recorded on the Confined
Space Hazard Assessment Form every half hour.
5. Should conditions arise that may affect the health or safety of personnel inside the space,
the space must be evacuated and the entry supervisor must reassess the confined space and
reevaluate the entry procedure.
6. When work is completed and all personnel have exited the space, close out the entry on the
Confined Space Hazard Assessment Form. The form must be retained by the department
for one year following entry and made available to the Risk Management Coordinator for
review.
C. For Forced Air Ventilation – Reclassification Entry
This procedure may only be used if an actual or potential atmospheric hazard is the only hazard
within the space.
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General Requirements:
1. The forced air will be directed to the immediate vicinity of each employee within the space
and must be provided until all employees exit the space.
2. The method and ventilation equipment selected will be determined based upon the size of
the confined space, the size of the entrance into the space, the gases present within the
space, and the source of make-up air.
3. If mechanical ventilation should fail during entry operations, all employees must
immediately evacuate the space until ventilation is restored and retesting indicates
acceptable entry conditions.
4. Ventilation systems and electrical tools and equipment used in flammable atmospheres
must be explosion-proof and appropriately rated for the hazard.
5. There may be no hazardous atmosphere within the space whenever any employee is inside
of the space.
6. If a hazardous atmosphere is detected during entry:
i.
ii.
iii.
Each employee must leave the space immediately;
The space must be evaluated to determine how the hazardous atmosphere developed;
and,
Measures must be implemented to protect employees from the hazardous atmosphere
before any subsequent entry takes place.
Entry Procedure:
1. The departmental confined space entry supervisor must complete the Confined Space
Hazard Assessment Form, prior to personnel entering the confined space. The Supervisor
must recertify all hazards within the space have been eliminated or isolated prior to
entry (i.e. the space is reclassified); and there may be no atmospheric hazard present
in the space (or that will be created by the work to be performed) not eliminated by
ventilation.
2. Establish forced air ventilation to employee work area within the confined space.
confined space. Notify appropriate departmental personnel when entry begins and after all
personnel have exited the confined space.
5. Make the initial evaluation information available to each entering employee prior to entry.
6. Continuous atmospheric testing must be performed. Results must be documented on the
Confined Space Hazard Assessment Form every half hour.
Confined Space Hazard Assessment Form. The form must be retained by the department
for one year following entry and made available to the Risk Management Coordinator for
review.
D. For Permit Required Entry
General Requirements:
1. Entry into permit-required confined spaces must be coordinated with the department
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2.
3.
4.
5.
supervisor.
An attendant must be posted at each entrance to the confined space. Attendants must
perform duties as specified within the program.
The Entry Permit must be completed and posted at the entrance. It must be signed by the
authorizing entry supervisor prior to anyone entering. Entrants must sign in/out throughout
the shift. The permit must be dated and have an expiration time no longer than 8 hours.
The entry will be terminated if a potential hazardous situation occurs which exceeds the
conditions authorized on the permit.
Only trained/authorized/qualified personnel essential to the work will be permitted to enter
a permit-required confined space.
Each individual entering a permit required confined space will have a safety or retrieval
line attached to a chest harness, body harness or wristlets unless one of the conditions listed
in i. or ii. below exist. The other end of the line will be secured to an anchor point or lifting
device outside the entry portal under the control of the attendant. The anchor point will not
be secured to a motor vehicle in a manner that would pull the line out of the space if the
vehicle moved. A retrieval line is not required if:
i. A confined space has obstructions or turns that would prevent pull on the retrieval line
from being transmitted to the entrant, or,
ii. A confined space from which an employee being rescued with the retrieval system has
projections which would injure the employee if forcefully contracted.
Rescue:
1. Employees will conduct non-entry rescue only unless the employee is certified for entry
rescue and is a member of the Recue Team.
2. If entry into an atmosphere that is actually or potentially immediately dangerous to life or
health is deemed necessary, the Rescue Team must be either present, if permissible, or on
stand-by.
3. Entry rescue will only be performed by Rescue Team personnel which are certified in
confined space entry rescue.
4. An atmosphere supplied breathing apparatus will be used for entry rescues.
Procedure:
1. Coordinate all permit-required entries with the department supervisor including rescue
notification and response.
2. The departmental entry supervisor must complete the Entry Permit.
3. Conduct pre-entry atmospheric testing. This must be done within 15 minutes of entry.
confined space. Notify appropriate departmental personnel when entry begins and all
personnel have exited the confined space.
6. Make the initial evaluation information and personal protective equipment and procedures
available to entering employees prior to entry.
7. Continuous atmospheric testing must be performed. Results must be documented on the
Entry Permit periodically (i.e. at least every half hour).
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Entry Permit. The form must be retained by the department for one year following entry
and made available to the Risk Management Coordinator for review.
Note: No permit shall be issued for a period longer than eight hours.
Confined Space Rescue
Entrants and attendants must have means of summoning emergency services anytime a confined
space is entered. The preference would be for the attendant to have a cell phone to call 911
immediately. If the means of communication is departmental radio, the base station must be
monitored at all times during entry and means of summoning rescue must be readily available.
Permit-required confined space rescue services are provided by the Department of Emergency
Services and the Volunteer Fire & EMS agencies located within the County.
A. Self-Rescue
Entrants recognizing problems, or responding to air monitoring alarms, and exiting the space
immediately on their own is the first means of rescue that should be considered. Entrants should
be familiar with signs and symptoms of oxygen deficiency, carbon monoxide and hydrogen
sulfide exposure where continuous air monitoring is not required. At the first sign of trouble,
the space must be evacuated.
B. Non-Entry Rescue
Where best practices have been implemented for vertical entry spaces, such as setting up a
tripod and wench system and requiring the entrant to wear a full body harness attached to a
lifeline, the attendant will immediately notify the appropriate base operator that a confined
space emergency has occurred. Attendant and the base operator shall contact emergency
services by calling 911 immediately. Once the call has been made, the attendant may begin
rescue procedures. Under no circumstances will the attendant enter the confined space.
C. Entry Rescue - Non-Permit
Non-permit rescue services are provided for extrication by staff only if they can be performed
from the exterior of the confined space, provided that all hazards have been eliminated or
isolated.
D. Entry Rescue - Permit-Required
During the initial assessment of the space, if it is determined to be a permit-required space, the
entry supervisor must contact the department supervisor for coordination of rescue services. In
general, if a space cannot be declassified to allow safe entry, the space should not be
entered. If there is a condition in a confined space that is immediately dangerous to life or
health, permit rescue services must be on-site during the entry and be prepared to respond to
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all known conditions of the confined space. Otherwise, during permit entry, the rescue services
must be notified that a permit entry is being conducted, but may not need to be on-site for
entry.
Confined Spaces Training
A. General
1. Training shall be adequate to ensure that employees acquire the understanding, knowledge,
and skills necessary for the safe performance of assigned duties.
2. Training shall be provided to each affected employee:
i.
ii.
iii.
iv.
Before being assigned duties under this program,
whenever there is a change in assigned duties,
whenever there is a change in permit space operations that present a hazard about
which an employee has not been previously trained,
Whenever there is reason to believe that employees are deviating from established
permit spaced entry procedures or that there are inadequacies in the employee’s
knowledge or use of this program.
3. Training shall establish employee proficiency in assigned duties, and shall introduce new
or revised procedures, as necessary.
4. The employer shall certify that the required training has been accomplished. The
certification shall contain each employee’s name, the signatures of the trainers, and the
dates of the training. All training records will be retained in the personnel file in the
Department of Human Resources.
5. Refresher training must be attended at least every three years.
B. Awareness
Persons that work around, but not in, confined spaces must receive awareness level training, which
includes such topics as:
1.
2.
3.
4.
Definition and identification of confined spaces,
Hazards associated with confined spaces,
Authorized entry criteria, and
Basic requirements of this program.
C. Entrant/Attendant/Supervisor
Personnel who enter confined spaces must attend entrant level training that includes:
1. Awareness training as described above,
2. Hazardous atmosphere recognition and use of atmospheric testing devices, including
information on the mode, signs, symptoms, and consequences of exposure,
3. The use of personal protective equipment including rescue harnesses, respiratory protection,
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etc.,
4. Entry conditions and related precautions,
5. First aid and CPR training for designated attendants and rescue personnel,
6. Space classification and reclassification criteria,
7. Recognition of warning signs, symptoms of exposure and detection of prohibited conditions,
8. Evacuation requirements,
9. Emergency and non-entry rescue methods, and procedures for calling rescue services, and
10. Specific responsibilities and duties for each role (entrant, attendant, supervisor).
Section 15.12
Bloodborne Pathogens Exposure Control Policy
Purpose
Isle of Wight County has established this exposure-control policy, in accordance with OSHA
standard 29 CFR 1910.1030, for all employees who handle, store, use, process or dispose of
potentially infected blood and blood products. This policy includes requirements for personal
protective equipment, housekeeping procedures, training, exposure reporting and recordkeeping.
Responsibilities
The Risk Management Coordinator will:
1. Manage the bloodborne pathogens exposure control program and maintain all related records
for all covered county employees with the exception of the Emergency Services Department.
2. Provide guidance and support to the Emergency Services Department in the area of bloodborne
pathogens exposure control when requested.
3. Ensure proper adherence to the program through periodic audits. The exposure-control plan
will be reviewed and updated at least annually.
The Emergency Services Department will manage the bloodborne pathogens exposure control
program for the Emergency Service division and maintain all related records.
Definitions
Biological Hazard: Any viable infectious agent that presents a potential risk to human health.
Bloodborne Pathogens: Microorganisms that can cause diseases such as human immunodeficiency
virus (HIV) and hepatitis B (HBV), which are spread through contact with infected blood or blood
products.
Exposure Incident: A specific eye, mouth, other mucus membrane, non-intact skin, or parenteral
contact with blood, body fluids or other potentially infectious material; inhalation of airborne
pathogens; or ingestion of foodborne pathogens or toxins.
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Medical Wastes/Infectious Wastes: Blood, blood products, bodily fluids, any waste from human
and animal tissues; tissue and cell cultures; human or animal body parts removed by means of
surgery or autopsy.
Universal Precautions: Preventing exposure to bloodborne pathogens by assuming all blood and
bodily fluids to be potentially infectious, and taking appropriate protective measures.
Training
Isle of Wight County will provide training on bloodborne pathogens exposure control to any
employee whose assigned job duties require them to be in an environment where they are likely to
come into contact with bodily fluids.
All employees in affected jobs will receive training upon hiring, and yearly thereafter. The training
will include:
1.
2.
3.
4.
5.
6.
County policy;
Types and transmission of bloodborne pathogens;
General safety rules;
Universal precautions;
Use of personal protective equipment (PPE);
Post-exposure treatment procedures
General Work Procedures
Employees must follow these procedures for controlling exposure to bloodborne pathogens:
1. Supervisors must ensure that their employees are trained in proper work practices, universal
precautions, the use of personal protective equipment, and proper cleanup and disposal
techniques.
2. Do not eat, drink, smoke, handle contact lenses or apply cosmetics in areas where exposure to
bloodborne pathogens is possible. Do not store food and drinks in refrigerators or cabinets
where blood and other potentially infectious materials are stored.
3. Wear disposable latex or vinyl gloves when:
i. you have cuts, abrasions, chapped hands, dermatitis or similar conditions;
ii. you are exposed to blood, blood products or body secretions.
4. Wear gowns, aprons or coveralls whenever there is a possibility that bodily fluids could splash
on an employee.
5. Perform procedures involving blood and other potentially infectious materials in such a manner
that will minimize splashing or spraying.
6. Wear protective clothing if entering a work area where potentially infectious materials are
handled.
7. Wash your hands as soon as possible after handling potentially infectious materials, and after
removing protective clothing and equipment.
8. Remove all protective equipment when leaving the work area and, if the equipment is
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contaminated, place it in a proper storage container for washing, decontamination or disposal.
9. Remove contaminated clothing before entering other areas of the building or leaving the
building.
Hepatitis B (HBV) Vaccinations
Isle of Wight County will provide, at its own expense, hepatitis B vaccinations to employees
covered under this program and who choose to be vaccinated. The company will document that it
offered the vaccine, as well as the employees’ decision to accept or decline the vaccination using
the Hepatitis B Declination form found in the Risk Management Forms Directory.
Reporting
In the event of a suspected exposure (see definition of Exposure Incident) employees must report
the incident immediately to their supervisor, in accordance with their departmental exposure
control plan and to worker’s compensation in accordance with the injury reporting policy, Chapter
1, Article VI, Section6.6.
An employee who has been exposed on the job to HIV, HAV, HBV or HCV should seek immediate
medical attention and be tested at the time of exposure to determine if the virus has been
transmitted. All testing will be performed at County’s expense. Test results will be provided to
exposed employees within five business days of their receipt.
Confidentiality will be maintained for the exposed employee during all phases of the post-exposure
program.
Recordkeeping
The Risk Management Coordinator will maintain all exposure reports, training and HBV
vaccination records. OSHA requires that records be kept for the duration of employment, plus 30
years, except training records which must be kept for 3 years. Hepatitis B or HIV contracted on
the job will be recorded on the OSHA 300 log as an illness. Exposure to bloodborne pathogens
from contact with ‘sharps’ will be recorded on the OSHA 300 log if a doctor prescribes treatment
with gamma globulin, HBV immune globulin or HBV vaccine.
Exposure Determination
The following job classifications and employees of Isle of Wight County are covered by OSHA’s
Bloodborne Pathogens Standard:
Emergency Services Department
1. Chief of Fire & Rescue
2. Fire & EMS Captain
3. Fire & EMS Lieutenant
4. Fire Medic II
5. Fire Medic I
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6. EMT Paramedic/Intermediate
Public Utilities Department
1. Utility Systems Supervisor
2. Utility Systems Mechanic
3. Pump Station Mechanic
4. Utility Systems Worker
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CHAPTER 2:
FINANCIAL AND ACCOUNTING
Chapter 2: Financial and Accounting
ARTICLE I
Central Purchasing
(Adopted December 4, 1975; Revised April 6, 2000; Revised June 19, 2003;
Revised October 16, 2003; Revised October 21, 2004; Revised October 2, 2008; Revised June
11, 2008; Revised April 15, 2010; Revised May 27, 2010; Revised December 20, 2012; Revised
March 20, 2014; Revised May 15, 2014; Revised October 15, 2015)
DIVISION 1. – GENERALLY
Section 1.0
Introduction
This policy serves as the County’s procurement laws, policies and procedures. The County is
anxious to meet your procurement needs. If you have any questions that are not answered by this
policy or need further clarification, please contact us at:
County of Isle of Wight
Budget & Finance
Purchasing Division
17090 Monument Circle, Suite 137
P. O. Box 80
Isle of Wight, Virginia 23397
Telephone: (757) 365-6273
Fax: (757) 365-4579
Section 1.1
Procurement Authority
The County Administrator shall serve as the principal purchasing official for the County and shall
assign administrative duties or functions to the designated staff in the Purchasing Division. Except
as otherwise provided in this article, no official, elected or appointed, or employee shall purchase,
or contract for any goods, services, insurance or construction within the purview of this article
other than permitted under the provisions of this article.
1. Authority, Responsibilities and Duties of the County Administrator
Except as provided in the following sections of this chapter, or as other specifically
provided by the Board of Supervisors, the County Administrator shall have the authority
and responsibility to:
a. Establish regulations and procedures, consistent with this policy, governing the
procurement, management, control, and disposal of any and all goods, services, and
construction to be procured by the County;
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b. Consider and decide matters of policy within the provisions of this policy;
c. Exercise authority over the award or administration of any particular contract, or
over any dispute, claim, or litigation pertaining thereto, with appropriate
consultation with the County’s legal counsel as necessary.
d. Delegate authority, or revoke delegated authority, such authority as may be deemed
appropriate to designees or to the head of any department or using Department.
Such delegation shall be in writing and shall specify any limits of restriction.
Section 1.31.1
Appointment, General Powers and Duties of the Purchasing Agent
The purchasing agent may be appointed by the county administrator. The purchasing agent shall
be the head of the office of purchasing and shall, under the supervision of the county administrator,
or his designee, have general management and control of the office. The purchasing agent shall
have the power and it shall be his duty to:
1.
Endeavor to obtain as full and open competition as possible on all purchases and sales.
2.
Establish and amend, when necessary, such procedures and rules as he deems necessary
for the internal management and operation of the office of purchasing.
3.
Make available to departments access to vendor's catalogs or contact information to
obtain needed products, commodities, etc., to include any available discounts that may
be available.
4.
Assist county staff in identifying responsible prospective suppliers, including small
businesses and businesses owned by women and minorities. Encourage vendors who
have requested their names to be included on a bidder’s list to register with the
Commonwealth’s eVA site. Remove prospective bidders from such list when the public
interest will be served thereby.
5.
Exploit the possibilities of buying "in bulk" so as to take full advantage of discounts.
6.
Disqualify vendors who default on their quotations from receiving any business from the
county.
7.
Participate in, sponsor, conduct or administer a cooperative procurement agreement on
behalf of or in conjunction with one (1) or more other public bodies, or public agencies
or institutions or localities of the several states, territories of the United States or the
District of Columbia, for the purpose of combining requirements to increase efficiency
or reduce administrative expenses in any acquisition of goods and services. Except for
certain contracts identified in Section §2.1-4304.A of the Code of Virginia, a public body
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may purchase from another public body's contract even if it did not participate in the
request for proposal or invitation to bid, if the request for proposal or invitation to bid
specified that the procurement was being conducted on behalf of other public bodies. In
entering into a cooperative procurement agreement with a county, county or town whose
governing body has adopted alternative policies and procedures pursuant to the Virginia
Public Procurement Act, the purchasing agent shall comply with said alternative policies
and procedures so adopted by said governing body of such county, county or town as
designated in the cooperative agreement.
8.
Control and supervise the storerooms and warehouses within the office of purchasing.
9.
Standardize and establish specifications to reduce commodities to a minimum and assure
the quality of goods.
10.
Award contracts within the purview of this article.
Section 1.32
Definitions
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section, unless a different meaning clearly appears from the
context:
1.
Best value. As predetermined in the solicitation, the overall combination of quality, price,
and various elements of required services that in total are optimal relative to the county's
needs.
2.
Brand name specification. A specification limited to one (1) or more items by
manufacturers' names or catalogue numbers.
3.
Board of Supervisors. The Board of Supervisors of Isle of Wight County.
4.
Competitive negotiation. A method of contractor selection utilizing a written request for
proposal, followed by discussions with responsive, responsible offerors.
5.
Competitive sealed bidding. A method of contractor selection utilizing a written
invitation to bid, public opening and announcement of all bids received, evaluation of
bids based upon the requirements set forth in the invitation and award to the lowest
responsive, responsible bidder.
6.
Construction. Building, altering, repairing, improving or demolishing any structure,
building or highway, and any draining, dredging, excavating, grading or similar work
upon real property.
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7.
Contract. All types of agreements, regardless of what they may be called, for the
procurement of goods, services, insurance or construction.
8.
Contractor. Any person having a contract with the county.
9.
Direct or indirect participation. Involvement through decision, approval, disapproval,
recommendation, preparation of any part of a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation,
auditing, or acting in any other similar capacity.
10.
Employment services organization. An organization that provides employment services
to individuals with disabilities that is an approved Commission on the Accreditation of
Rehabilitation Facilities (CARF) accredited vendor of the Department of Rehabilitative
Services.
11.
Goods. All material, equipment, supplies, printing and automated data processing
hardware and software.
12.
Informality. A minor defect or variation of a bid or proposal from the exact requirements
of the invitation to bid, or the request for proposal, which does not affect the price,
quality, quantity or delivery schedule for the goods, services or construction being
procured and does not give a competitive advantage as a result thereof
13.
Insurance. A contract whereby, for a stipulated consideration, one (1) party undertakes
to compensate the other for loss on a specified subject by specified perils.
14.
Invitation for bids. All documents, whether attached or incorporated by reference,
utilized for soliciting sealed bids
15.
Job Ordering Contracting. A method of procuring construction by establishing a book of
unit prices and then obtaining a contractor to perform work as needed using the prices,
quantities, and specifications in the book as the basis of its pricing. The contractor may
be selected through either competitive sealed bidding or competitive negotiation
depending on the needs of the public body procuring construction services. Professional
Services must be procured by Competitive Negotiations as defined in this section. A
minimum amount of work may be specified in the contract. The contract term and the
project amount shall not exceed the limitations specified in §2.1-4303., Code of
Virginia.
16.
Minority-owned business. A business that is at least 51 percent owned by one or more
minority individuals who are U.S. citizens or legal resident aliens, or in the case of a
corporation, partnership, or limited liability company or other entity, at least 51 percent
of the equity ownership interest in the corporation, partnership, or limited liability
company or other entity is owned by one or more minority individuals who are U.S.
citizens or legal resident aliens, and both the management and daily business operations
are controlled by one or more minority individuals, or any historically black college or
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university as defined in § 2.1-1604, regardless of the percentage ownership by minority
individuals or, in the case of a corporation, partnership, or limited liability company or
other entity, the equity ownership interest in the corporation, partnership, or limited
liability company or other entity.
17.
Multiphase professional services contract. A contract for the providing of professional
services where the total scope of work of the second or subsequent phase of the contract
cannot be specified without the results of the first or prior phase of the contract.
18.
Nominal value. So small, slight or the like, in comparison to what might properly be
expected, as scarcely to be entitled to the name, but in no case to be more than twenty
dollars ($20.00).
19.
Nonprofessional services. Any services not specifically identified as professional
services.
20.
Professional services. Work performed by an independent contractor within the scope of
the practice of accounting, architecture, land surveying, landscape architecture, law,
dentistry, medicine, optometry, pharmacy or professional engineering.
21.
Person. Any corporation, partnership, business, individual, union, committee, club, other
organization or group of individuals
22.
Public contract. An agreement between the county and a nongovernmental source that is
enforceable in a court of law.
23.
Purchasing agent. The purchasing agent of the County of Isle of Wight, or his designee.
The purchasing agent shall be the head of the office of purchasing. Whenever the words
purchasing agent or division of purchasing are used in any policy, contract or other
document, such shall mean the purchasing agent, or his designee, or the office of
purchasing, respectively.
24.
Request for proposals. All documents, whether attached or incorporated by reference,
utilized for soliciting proposals.
25.
Responsible bidder or offeror. A person who has the capability, in all respects, to perform
fully the contract requirements and the moral and business integrity and reliability which
will assure good faith performance and who has been prequalified, if required
26.
Responsive bidder. A person who has submitted a bid which conforms in all material
respects to the invitation to bid
27.
Services. Any work performed by an independent contractor wherein the service
rendered does not consist primarily of acquisition of equipment or materials or the rental
of equipment, materials and supplies.
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28.
Service disabled veteran business. A business that is at least 51 percent owned by one
or more service disabled veterans or, in the case of a corporation, partnership, or limited
liability company or other entity, at least 51 percent of the equity ownership interest in
the corporation, partnership, or limited liability company or other entity is owned by one
or more individuals who are service disabled veterans and both the management and
daily business operations are controlled by one or more individuals who are service
disabled veterans.
29.
Small business. A business, independently owned and controlled by one or more
individuals who are U.S. citizens or legal resident aliens, and together with affiliates,
has 250 or fewer employees, or annual gross receipts of $10 million or less averaged
over the previous three years. One or more of the individual owners shall control both
the management and daily business operations of the small business.
30.
Specification. Any description of the physical or functional characteristics or of the
nature of a good, service or construction item. It may include a description of any
requirement for inspecting, testing or preparing a good, service or construction item for
delivery.
31.
Virginia Public Procurement Act (VPPA). The procurement Code passed by the General
Assembly governing purchasing by the government to a non-governmental entity. The
mandatory provisions of the act, §2.1-4343.12, include the exemptions set forth in
subdivisions 9 through 11, the provisions of subsections C and D of § 2.1-4303, and §§
2.1-4305, 2.1-4308, 2.1-4311, 2.1-4315, 2.1-4317, 2.1-4330, 2.1-4333 through 2.1-4338,
2.1-4343.1, and 2.1-4367 through 2.1-4377 shall apply.
32.
Women-owned business. A business that is at least 51 percent owned by one or more
women who are U.S. citizens or legal resident aliens, or in the case of a corporation,
partnership, or limited liability company or other entity, at least 51 percent of the equity
ownership interest is owned by one or more women who are U.S. citizens or legal
resident aliens, and both the management and daily business operations are controlled
by one or more women.
Section 1.32.1
Requisitions and Estimates from Departments
All county departments, either by or with the authorization of the head of the department, shall file
with the purchasing agent detailed requisitions or estimates of their requirements in supplies and
contractual services in such manner, at such times and for such future periods as the purchasing
agent shall prescribe.
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Section 1.32.2
Department Reports of Obsolete or Unused Property; Sale, Transfer or Trade of Such
Property
1.
All departments shall submit to the purchasing agent at such times and in such form as
such agent shall prescribe reports showing stocks of all supplies, materials and equipment
which are no longer used or which have become obsolete, worn or scrapped. The
purchasing agent may sell such property by competitive bidding or at public auction, may
transfer it to other departments or governmental agencies, or may exchange it for or trade
it in on new supplies or equipment. Surplus rolling stock may be sold by General Services
or traded in the County’s best interest.
2.
All sales of such property, when the estimated value is not expected to exceed one
hundred thousand dollars ($100,000.00), may be sold by the purchasing agent in
accordance with rules and regulations established by him; these sales need not follow the
competitive bidding or public auction process and such property may be sold without
newspaper advertisement and without observing the procedures prescribed by divisions
2 and 3 of this article, unless the purchasing agent determines that the public interest
demands such procedure.
Methods of Procurement
1.
All county contracts for nongovernmental contractors for the purchase or lease of goods,
or for the purchase of services, insurance, or construction, shall be awarded after
competitive sealed bidding, or competitive negotiation as provided in this article, unless
otherwise authorized by law.
2.
Professional services, whether for single or term contracts may, but need not, be procured
by competitive negotiation when the aggregate or sum of all phases is not expected to
exceed sixty thousand dollars ($60,000.00). Such small purchase procedures shall
provide for competition wherever practicable. Professional services shall be procured by
competitive negotiation where the cost of the professional service is expected to exceed
sixty thousand dollars ($60,000.00).
3.
Upon a written determination made in advance by the purchasing agent that competitive
negotiation is either not practicable or not fiscally advantageous, insurance may be
procured through a licensed agent or broker selected in the manner provided for the
procurement of things other than professional services in Section 1.47.2. The basis for
this determination shall be documented in writing.
4.
Upon a determination in writing by the purchasing agent that there is only one (1) source
practicably available for that which is to be procured, a contract may be negotiated and
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awarded to that source without competitive sealed bidding or competitive negotiation.
The writing shall document the basis for this determination.
5.
Construction shall be procured only by competitive sealed bidding, except that
competitive negotiation may be used in the following instances upon a determination
made in advance by the purchasing agent and set forth in writing that competitive sealed
bidding is either not practicable or not fiscally advantageous to the public, which writing
shall document the basis for this determination: (i) for the construction, alteration, repair,
renovation or demolition of buildings or structures when the contract is not expected to
cost more than one and one-half million dollars ($1,500,000.00); or (ii) for the
construction of highways and any draining, dredging, excavation, grading or similar work
upon real property.
6.
Upon a determination made in advance by the purchasing agent and set forth in writing
that the purchase of goods, products or commodities from a public auction sale is in the
best interest of the public, such items may be purchased at the auction, including online
public auction. The writing shall document the basis for this determination. However,
bulk purchases of commodities used in road and highway construction and maintenance,
and aggregates shall not be made by online public auction.
7.
The purchasing agent may provide for incentive contracting that offers a contractor
whose bid is accepted, the opportunity to share in any cost savings realized by the locality
when the projects costs are reduced by such contractor, without affecting project quality,
during the construction of the project. The fee, if any, charged by the project engineer or
architect for determining such cost savings shall be paid as a separate cost and shall not
be calculated as part of any cost savings. Such provisions, including the percentage of
cost sharing, shall be included in the language of the contract or may be added by change
order with the agreement of both parties.
Section 1-32.4
Design Build and Construction Management
1.
While competitive sealed bidding remains the preferred method of construction
contracting, the County Administrator or designated Purchasing Agent may enter into a
contract for construction based on either a firm fixed price or not-to-exceed price designbuild basis. The Design-Build process is governed by Sections 2.1-2406, 2.1-4303 and
2.1-4308 of the Code of Virginia which is incorporated into this policy and must be
observed by County Staff wishing to use the Design-Build method.
2.
Prior to the issuance of a Design/Build RFP, the County Administrator or his designee
shall:
3.
Obtain the advice of a licensed architect or engineer with professional competence
appropriate to the project. Such an advisor may either be an employee of the County or
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an architect/engineer hired specifically to provide the advice and guidance mandated by
the Code of Virginia.
4.
Articulate in writing why a design-build or construction management approach is more
advantageous than competitive sealed bidding for the project being contemplated;
5.
Obtain an estimate of the costs to repair, renovate, demolish or erect the project under
consideration.
6.
Submit the project for approval by the Virginia Design-Build/Construction management
review board if the project’s estimated cost exceeds $1,000,000.
7.
Determine whether and explain why competitive sealed bidding is not practical or fiscally
advantageous; and
8.
Appoint a Review Committee of not less than three (3) members, (one of whom shall be
an architect or professional engineer) to assist the County Administrator with the
proposal evaluation and selection process as described below.
9.
After having obtained approval from the Design-Build/Construction Manager Review
Board or, following a determination that the project is an exception under Section §2.14303 of the Code of Virginia, the County Administrator or his designee shall issue a
written RFP, advertise in a newspaper of general circulation in the County for at least
(10) days preceding the proposal acceptance date, and post an RFP on eVA, Virginia’s
e-Procurement website and the Isle of Wight County website. The RFP shall:
10.
Define the pre-design, design phase, bid phase and/or construction phase services to be
performed under the design-build contract,
11.
Include and define the requirements of the specific construction project relevant to site
plans, floor plans, exterior elevations, basic building envelope materials, fire protection,
structural, mechanical (HVAC) and electrical systems, and special telecommunications,
12.
Specify the criteria which will be used in evaluating the proposals,
13.
Request a firm fixed price or not-to-exceed price proposal based on a cost estimate
prepared by a professional engineer or architect.
14.
Contain or incorporate by reference the applicable contractual terms and conditions,
including any unique capabilities or qualifications which will be required of Offerors,
and
15.
Include such other requirements as the County Administrator or his designee deems
appropriate for the construction project.
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16.
The RFP shall request of Offerors only such information as is appropriate for an objective
evaluation of all Offerors pursuant to the specified criteria.
17.
The County Administrator or his designee shall receive and consider comments
concerning specifications or provisions in the RFP, prior to the time set for receipt of
proposals.
18.
Procurement of construction by the design-build method shall be a two-step competitive
negotiation process. The first step, or the initial review of the proposals, shall be of a
qualitative nature. This shall include review of preliminary design drawings, outline
specifications, technical reports, calculations, permit requirements, vendors’
management plan (includes organizational information, resumes of key personnel,
Quality Assurance Plan, Safety Plan), schedule, and other data requested in response to
the RFP.
19.
Based upon the information submitted and any other relevant information which the
County may obtain, a maximum of five (5) Offerors deemed to most closely meet the
county’s requirements shall be selected by the Review Committee based on the initial
responses.
20.
As the second step in the design-build process, the Review Committee shall hold
discussions with each of the selected Offerors exercising care to discuss the same owner
information with each Offeror.
21.
Trade secrets or proprietary information provided by an Offeror in response to a request
for qualifications or request for proposals shall not be disclosed to the public or to
competitors, provided the Offeror has invoked protection pursuant to the Code of
Virginia Section §2.1-4342.F.
22.
Upon completion of the discussions, the Review Committee shall determine whether any
changes to proposals should be requested to correct errors or omissions or to clarify
ambiguities, or to incorporate project improvements or additional details identified by
the Review Board during its review. As required, Offerors may then submit revised
technical proposals as well as modifications to their price proposals. The Review
Committee will complete its evaluations of the revised proposals.
23.
Following a complete review of the proposals, the Review Committee shall make its
recommendation to the County Administrator or his designee based upon the criteria
included in the RFP. While price shall be considered, it need not be the sole selection
factor. Award shall be made to the fully qualified vendor who has been determined to
offer best value in response to the RFP and whose price proposal is within the budget
ceiling included in the County’s operating and/or capital budgets.
24.
The County shall submit information for post-project evaluation when requested by the
Commonwealth of Virginia Design-Build/Construction Management Review Board
(“Review Board”).
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25.
The County Administrator or his designee may set forth such additional procedures, not
inconsistent with the provisions of this section or the rules and regulations of the Review
Board, and consistent with the procedures for the procurement of nonprofessional
services through competitive negotiations, as deemed necessary and appropriate to affect
the selection and evaluation of Offerors and the award of design-build and construction
management contracts.
Section 1.32.5
Contracts Authorized under the Public-Private Education Facilities and
Infrastructure Act (PPEA) and Public-Private Transportation Act (PPTA)
The Public-Private Education Facilities and Infrastructure Act of 2002 (the “PPEA”) and PublicPrivate Transportation Act (the “PPTA”) allow responsible public entities the authority to create
public-private partnerships for the development of a wide range of projects for public use if the
public entity determines there is a need for the project and that private involvement may provide
the project to the public in a timely or cost-effective fashion.
In accordance with the PPEA and PPTA Guidelines (the “Guidelines”) adopted by the Board of
Supervisors on October 17, 2013 (as they may be amended from time-to-time), the County
Administrator or his designee will follow the Guidelines to receive and evaluate proposals
submitted pursuant to the PPEA and/or PPTA.
Section 1.32.6
Alternative Method of Procurement; Reverse Auctioning
1.
The purchase of goods or nonprofessional services, but not construction or professional
services, may be made by reverse auctioning. However, bulk purchases of commodities
used in road and highway construction and maintenance, and aggregates shall not be
made by reverse auctioning.
2.
As used in this section, the term "reverse auctioning" means a procurement method
wherein bidders are invited to bid on specified goods or nonprofessional services through
real-time electronic bidding, with the award being made to the lowest responsive and
responsible bidder. During the bidding process, bidders' prices are revealed and bidders
shall have the opportunity to modify their bid prices for the duration of the time period
established for electronic bidding.
Section 1.33
General Procedure
1.
The purpose of this article is to enunciate the public policies pertaining to governmental
procurement from nongovernmental sources, to include governmental procurement
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which may or may not result in monetary consideration for either party. This article shall
apply whether the consideration is monetary or nonmonetary and regardless of whether
the county, the contractor, or some third party is providing the consideration.
2.
All single or term contracts for goods and services other than professional services when
the estimated cost is expected to exceed one hundred thousand dollars ($100,000) shall
be purchased from the lowest responsive, responsible bidder, after due notice inviting
bids.
3.
Construction of improvements estimated to cost more than fifty thousand dollars
($50,000.00) shall be procured only by competitive sealed bidding.
Section 1.33.1
Open Market Procedure for Purchases of One Hundred Thousand Dollars, or Less
1.
All purchases of goods and services other than professional services, when the estimated
value is not expected to exceed one hundred thousand dollars ($100,000.00), may be
made in the open market, without newspaper advertisement and without observing the
procedures prescribed by divisions 2 and 3 of this article, unless the purchasing agent
determines that the public interest demands such procedure. Purchases under this
subsection that are expected to exceed five thousand dollars ($5,000.00) shall require,
whenever possible, the informal solicitation of a minimum of four (4) bidders or offerors
and shall be awarded to the lowest responsive, responsible bidder in accordance with the
standards set forth in section 1.563. Nothing herein shall restrict the Purchasing Agent
from using a formal processes for procurements of less than $100,000.00.
2.
Small purchases in an amount up to, but not exceeding five thousand dollars ($5,000.00)
may be purchased directly by a department in accordance with rules and regulations
established by the purchasing agent; these purchases need not follow the competitive
bidding process. Maximum limits may be established for each department by the
purchasing agent up to, but not exceeding, five thousand dollars ($5,000.00).
3.
In making a purchase under this section, when bidding is required, the purchasing agent
shall solicit bids by mail, electronic means, telephone, or in person from prospective
vendors.
Competitive Bidding State-Aid Projects
No contract for the construction of any building or for an addition to or improvement of an existing
building by the county for which state funds of not more than one hundred thousand dollars
($50,000.00) in the aggregate or for the sum of all phases of a contract or project either by
appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of
construction shall be let except after competitive sealed bidding or after competitive negotiation
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as provided under Section §2.1-4303, Code of Virginia. The procedure for the advertising for bids
and for letting of the contract shall conform to this article.
Section 1.33.3
Contracts or Purchases not to be Subdivided to Avoid Requirements of Article
No contract or purchase shall be subdivided to avoid the requirements of this article.
Section 1.33.4
Certain Contracts and Expenditures Prohibited
No officer, department or agency shall, during any budget year, expend or contract to expend any
money or incur any liability, or enter into any contract which by its terms involves the expenditure
of money, for any purpose, in excess of the amounts appropriated for that general classification of
expenditure. Any contract, verbal or written, made in violation of this policy shall be null and void.
Any officer or employee of this county who shall violate this section shall be guilty of a
misdemeanor and, upon conviction, thereof, shall cease to hold his office or employment. Nothing
contained in this section, however, shall prevent the making of contracts or the spending of money
for capital improvements to be financed in whole or in part by the issuance of bonds, nor the
making of contracts of lease or for services for a period exceeding the budget year in which such
contract is made, when such contract is permitted by law.
Permitted Contracts with Certain Religious Organizations; Purpose; Limitations
1.
It is the intent of the county, in accordance with the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, P.L. 104-193, to permit us to enter into contracts
with faith-based organizations for the purposes described in this section on the same basis
as any other nongovernmental source without impairing the religious character of such
organization, and without diminishing the religious freedom of the beneficiaries of
assistance provided under this section.
2.
For the purposes of this section, "faith-based organization" means a religious
organization that is or applies to be a contractor to provide goods or services for programs
funded by the block grant provided pursuant to the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, P.L. 104-193.
3.
Isle of Wight County, in procuring goods or services, or in making disbursements
pursuant to this section, shall not (i) discriminate against a faith-based organization on
the basis of the organization's religious character or (ii) impose conditions that (a) restrict
the religious character of the faith-based organization, except as provided in subsection
F, or (b) impair, diminish, or discourage the exercise of religious freedom by the
recipients of such goods, services, or disbursements.
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4.
We shall ensure that all invitations to bid, requests for proposals, contracts, and purchase
orders prominently display a nondiscrimination statement indicating that the Isle of
Wight County does not discriminate against faith-based organizations.
5.
A faith-based organization contracting with Isle of Wight (i) shall not discriminate
against any recipient of goods, services, or disbursements made pursuant to a contract
authorized by this section on the basis of the recipient's religion, religious belief, refusal
to participate in a religious practice, or on the basis of race, age, color, gender or national
origin and (ii) shall be subject to the same rules as other organizations that contract with
public bodies to account for the use of the funds provided; however, if the faith-based
organization segregates public funds into separate accounts, only the accounts and
programs funded with public funds shall be subject to audit by the public body. Nothing
in clause (ii) shall be construed to supersede or otherwise override any other applicable
state law.
6.
Consistent with the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996, P.L. 104-193, funds provided for expenditure pursuant to contracts with Isle of
Wight County shall not be spent for religious worship, instruction, or proselytizing;
however, this prohibition shall not apply to expenditures pursuant to contracts, if any, for
the services of chaplains.
7.
Nothing in this section shall be construed as barring or prohibiting a faith-based
organization from any opportunity to make a bid or proposal or contract on the grounds
that the faith-based organization has exercised the right, as expressed in 42 U.S.C. (§
2000 e-1 et seq.), to employ persons of a particular religion.
8.
If an individual, who applies for or receives goods, services, or disbursements provided
pursuant to a contract between Isle of Wight County and a faith-based organization,
objects to the religious character of the faith-based organization from which the
individual receives or would receive the goods, services, or disbursements, Isle of Wight
County shall offer the individual, within a reasonable period of time after the date of his
objection, access to equivalent goods, services, or disbursements from an alternative
provider.
9.
Isle of Wight County shall provide to each individual who applies for or receives goods,
services, or disbursements provided pursuant to a contract between Isle of Wight County
and a faith-based organization a notice in bold face type that states: "Neither county’s
selection of a charitable or faith-based provider of services nor the expenditure of funds
under this contract is an endorsement of the provider's charitable or religious character,
practices, or expression. No provider of services may discriminate against you on the
basis of religion, a religious belief, or your refusal to actively participate in a religious
practice. If you object to a particular provider because of its religious character, you may
request assignment to a different provider. If you believe that your rights have been
violated, please discuss the complaint with your provider or notify the appropriate person
as indicated in this form."
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Section 1.34
Emergency Purchases
1.
In case of an emergency which requires immediate purchase of supplies or contractual
services, the purchasing agent shall have the authority to secure, by the open market
procedure set forth in Section 1.33, at the lowest obtainable price, any supplies or
contractual services, regardless of the amount of the expenditure. A full report of the
circumstances of an emergency purchase so made shall be filed by the purchasing agent
in the contract file.
2.
The purchasing agent shall prescribe, by rules and regulations, the procedure under which
emergency purchases by heads of departments may be made outside of normal county
business hours.
Section 1.34.1
Modification of Contract
1. No contract which has been approved by the County Board of Supervisors may be modified
or changed by amendment, change order, or any other agreement without the prior approval
of the County Board of Supervisors unless (i) such modifications, in the aggregate, do not
increase the amount of the contract by more than twenty-five (25) percent of the original
amount of the contract, or fifty thousand dollars ($50,000.00), whichever is greater, (ii)
such changes are the result of unforeseen circumstances or changed conditions encountered
during the progress of the performance of the contract, and (iii) such changes are directly
related to the performance of the purpose of the contract. Extensions of time to perform a
contract may be granted without prior approval of the county council provided such
extensions involve no increase in cost to the county. In no event shall the aggregate of all
modifications increase the cost of the contract beyond the amount appropriated for the
project.
2. The County may extend the term of an existing contract for services to allow completion
of any work undertaken but not completed during the original term of the contract.
Section 1.35
Inspection and Testing of Supplies or Contractual Services
1.
The purchasing agent shall inspect or supervise the inspection of all deliveries of supplies
or contractual services to determine their conformance with the specifications set forth
in the order or contract.
2.
The purchasing agent shall have the authority to authorize departments having the staff
and facilities for adequate inspection to inspect all deliveries made to such departments
under rules and regulations which the purchasing agent shall prescribe.
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3.
The purchasing agent shall have the authority to require chemical and physical tests of
samples, submitted with bids and samples of deliveries, which are necessary to determine
the quality and conformance of such samples with the specifications. In the performance
of such tests, the purchasing agent shall have the authority to make use of laboratory
facilities of any department of the county government or any outside laboratory.
Discrimination Prohibited
1.
In the solicitation or awarding of contracts, the county shall not discriminate against a
bidder or offeror because of race, religion, color, sex, national origin, age, disability,
status as a service disabled veteran, or any other basis prohibited by state law relating to
discrimination in employment.
2.
For the purposes of this section, "service disabled veteran" means a veteran who (i)
served on active duty in the United States military ground, naval, or air service; (ii) was
discharged or released under conditions other than dishonorable; and (iii) has a serviceconnected disability rating fixed by the United States Department of Veterans Affairs.
Section 1.36.1
Required Contract Provisions: Unauthorized Aliens; Employment Discrimination
by Contractor Prohibited; Drug-Free Workplace to be Maintained by Contractor
1.
The county shall include in every contract, that the contractor does not, and shall not
during the performance of the contract for goods and services in the Commonwealth,
knowingly employ an unauthorized alien as defined in the federal Immigration Reform
and Control Act of 1986, as amended.
2.
The county shall include in every contract of over ten thousand dollars ($10,000.00) the
provisions in subsections (1), (2), and (3) herein:
a.
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis
prohibited by state law relating to discrimination in employment, except where there is a bona
fide occupational qualification reasonably necessary to the normal operation of the contractor.
The contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
b.
The contractor, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, will state that such contractor is an equal opportunity
employer.
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c.
Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
d.
The contractor will include the provisions of the foregoing paragraphs a., b. and c.
in every subcontract or purchase order of over ten thousand dollars ($10,000.00) so
that the provisions will be binding upon each subcontractor or vendor.
e.
During the performance of this contract, the contractor agrees to (i) provide a drugfree workplace for the contractor's employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement notifying
employees that the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana is prohibited in the
contractor's workplace and specifying the actions that will be taken against
employees for violations of prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the contractor that the
contractor maintains a drug-free workplace; and (iv) include the provisions of the
foregoing clauses in every subcontract or purchase order of over ten thousand
dollars ($10,000.00), so that the provisions will be binding upon each subcontractor
or vendor.
f.
For the purposes of this subsection, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
contractor in accordance with this subsection, the employees of whom are
prohibited from engaging in the unlawful manufacture, sale, distribution,
dispensation, possession or use of any controlled substance or marijuana during the
performance of the contract.
Section 1.36.2
Public Inspection of Certain Records
1.
Except as provided herein, all proceedings, records, contracts and other public records
relating to procurement transactions shall be open to the inspection of any citizen, or any
interested person, firm or corporation, in accordance with the Virginia Freedom of
Information Act (§ 2.1-3700 et seq., Code of Virginia, 1950, as amended).
2.
Cost estimates relating to a proposed procurement transaction prepared by or for the
county shall not be open to public inspection.
3.
Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity
to inspect bid records within a reasonable time after the opening of all bids but prior to
award, except in the event that the purchasing agent decides not to accept any of the bids
and to reopen the contract. Otherwise, bid records shall be open to public inspection only
after award of the contract.
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4.
Any competitive negotiation offeror, upon request, shall be afforded the opportunity to
inspect proposal records within a reasonable time after the evaluation and negotiations
of proposals are completed but prior to award, except in the event that the purchasing
agent decides not to accept any of the proposals and to reopen the contract. Otherwise,
proposal records shall be open to public inspection only after award of the contract.
5.
Any inspection of procurement transaction records under this section shall be subject to
reasonable restrictions to ensure the security and integrity of the records.
6.
Trade secrets or proprietary information submitted by a bidder, offeror or contractor in
connection with a procurement transaction or prequalification application submitted
pursuant to section 1.36.2 shall not be subject to public disclosure under the Virginia
Freedom of Information Act; however, the bidder, offeror or contractor must invoke the
protections of this section prior to or upon submission of the data or other materials, and
must identify the data or other materials to be protected and state the reasons why
protection is necessary. Information leading to the decision to award, including prices
and other factors, shall be made public.
Section 1.36.3
Exemptions
1.
The provisions of divisions 1, 2, 3, 4 and 5 of this article, except for Section 1.33.4, shall
not apply to contracts for the printing of ballots, statements of results or other materials
essential to the conduct of an election. The provisions of division 6 of this article shall
be applicable to such contracts.
2.
The following transactions are hereby exempt from the provisions of divisions 1, 2, 3, 4
and 5 of this article, except for Section 1.33:
a.
Purchases on state contracts, from the state department of corrections and from the
state purchasing department warehouse.
b.
Legal services, law books and supplies for the county attorney and the
commonwealth's attorney, and expert witnesses and other services associated with
actual or potential litigation and administrative proceedings.
c.
Purchases for water, sewer, electric, telephone and other utility services and motor
vehicle license plates.
d.
Purchases for special police work that is certified to the Purchasing Agent, are
needed for undercover police operations. Such non-descriptive writing shall be
available for public inspection; however, a description of items bought that is
detailed enough to disclose the nature of such operations, or put such operations at
risk, is protected.
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e.
Purchases of services or goods: (i) that are performed or produced by persons, or in
schools or workshops, under the supervision of the Virginia Department for the
Blind and Vision Impaired; or (ii) that are performed or produced by employment
services organizations that offer transitional or supported employment services
serving individuals with disabilities.
f.
In the administration of the public assistance program and the fuel assistance
program, goods and personal services may be procured for direct use by the
recipients of such programs without competitive sealed bidding or competitive
negotiations if the procurement is made for an individual recipient. Contracts for
the bulk procurement of goods or services for the use of recipients are not exempted
from the requirements of this article.
g.
The county may enter into contracts without competitive sealed bidding or
competitive negotiation for insurance if purchased through an association of which
it is a member if the association was formed and is maintained for the purpose of
promoting the interest and welfare of and developing close relationships with
similar public bodies, provided such association has procured the insurance by use
of competitive principles and provided that the purchasing agent has made a
determination in advance after reasonable notice to the public and set forth in
writing that competitive sealed bidding and competitive negotiation are not
fiscally advantageous to the public. The writing shall document the basis for this
determination.
Section 1.37
Purchase of Handguns by Retired Officers
The purchasing agent is authorized and directed to allow any full-time sworn law enforcement
officer who retires after at least twenty-five (25) years of service to purchase the service handgun
issued to him by the county at a cost of one dollar ($1.00) for the weapon.
Section 1.38
Purchase of Boots or Helmet by Retired Firefighters
The purchasing agent is authorized and directed to allow:
1.
Any full-time firefighter who retires after at least twenty-five (25) years of service to
purchase the helmet and/or boots issued to the firefighter by the county at a cost of one
dollar ($1.00) for the helmet and/or one dollar ($1.00) for the boots; and
2.
Any full-time firefighter who retires after at least ten (10) years of service, but fewer than
twenty-five (25), to purchase the helmet and/or boots issued to the firefighter by the
county at the fair market value of the helmet and/or boots.
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DIVISION 2. - COMPETITIVE BIDDING
requalification Generally; Prequalification for Construction
1.
Prospective contractors may be prequalified for particular types of supplies, services,
insurance or construction, and consideration of bids or proposals limited to prequalified
contractors. Any prequalification procedure shall be established in writing and
sufficiently in advance of its implementation to allow potential contractors a fair
opportunity to complete the process.
2.
Any prequalification of prospective contractors for construction shall be pursuant to a
prequalification process for construction projects adopted by the purchasing agent.
The application form used in such process shall set forth the criteria upon which the qualifications
of prospective contractors will be evaluated. The application form shall request of prospective
contractors only such information as is appropriate for an objective evaluation of all prospective
contractors pursuant to such criteria. Such form shall allow the prospective contractor seeking
prequalification to request, by checking the appropriate box, that all information voluntarily
submitted by the contractor pursuant to this subsection shall be considered a trade secret or
proprietary information subject to the provisions of Section 1.36.2.
In all instances in which the purchasing agent requires prequalification of potential contractors for
construction projects, advance notice shall be given of the deadline for the submission of
prequalification applications. The deadline for submission shall be sufficiently in advance of the
date set for the submission of bids for such construction so as to allow the procedures set forth in
this section to be accomplished.
At least thirty (30) days prior to the date established for submission of bids or proposals under the
procurement of the contract for which the prequalification applies, the purchasing agent shall
advise in writing, each contractor that submitted an application, whether that contractor has been
prequalified. In the event that a contractor is denied prequalification, the written notification to
such contractor shall state the reasons for such denial of prequalification and the factual basis of
such reasons.
A decision by the purchasing agent denying prequalification under the provisions of this subsection
shall be final and conclusive unless the contractor appeals the decision as provided in Section 1.49.
The purchasing agent may deny prequalification to any contractor only if he finds one (1) of the
following:
1.
The contractor does not have sufficient financial ability to perform the contract that
would result from such procurement. If a bond is required to ensure performance of a
contract, evidence that the contractor can acquire a surety bond from a corporation
included on the United States Treasury list of acceptable surety corporations in the
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amount and type required by the public body shall be sufficient to establish the financial
ability of such contractor to perform the contract resulting from such procurement;
2.
The contractor does not have appropriate experience to perform the construction project
in question;
3.
The contractor or any officer, director or owner thereof has had judgments entered against
him within the past ten (10) years for the breach of contracts for governmental or
nongovernmental construction, including, but not limited to, design-build or construction
management;
4.
The contractor has been in substantial noncompliance with the terms and conditions of
prior construction contracts with the county without good cause. If the county has not
contracted with a contractor in any prior construction contracts, the purchasing agent may
deny prequalification if the contractor has been in substantial noncompliance with the
terms and conditions of comparable construction contracts with another public body
without good cause. The purchasing agent may not utilize this provision to deny
prequalification unless the facts underlying such substantial noncompliance were
documented in writing in the prior construction project file and such information relating
thereto given to the contractor at that time, with the opportunity to respond;
5.
The contractor or any officer, director, owner, project Administrator , procurement
Administrator or chief financial official thereof has been convicted within the past ten
(10) years of a crime related to governmental or nongovernmental construction or
contracting, including, but not limited to, a violation of the following portions of the
Code of Virginia, 1950, as amended: (i) Article 6, (§ 2.1-4367 et seq.) of Title 2.2, (ii)
the Virginia Governmental Frauds Act (§ 18.1-498.1 et seq.) of Title 18.2, (iii) Chapter
4.2 (§ 59.1-68.6 et seq.) of Title 59.1, or (iv) any substantially similar law of the United
States or another state;
6.
The contractor or any officer, director or owner thereof is currently debarred pursuant to
an established debarment procedure from bidding or contracting by any public body,
agency of another state or agency of the federal government; and
7.
The contractor failed to provide to the purchasing agent in a timely manner any
information requested by the purchasing agent relevant to subdivisions 1 through 6 of
this subsection.
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Use of Brand Names
Unless otherwise provided in the invitation to bid, the name of a certain brand, make or
manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it
conveys the general style, type, character and quality of the article desired; and any article which
the purchasing agent in his sole discretion determines to be the equal of that specified, considering
quality, workmanship, economy of operation, and suitability for the purpose intended, shall be
accepted.
Section 1.40
Notice Inviting Bids
1.
The notice inviting bids referred to in Section 1.40 shall be posted on a public bulletin
board at the office of purchasing, or published in a newspaper of general circulation, or
both, and may be posted on a website normally used for such postings, at least ten (10)
days prior to the date set for the receipt of bids. Such notice shall include a general
description of the articles to be purchased, or sold, and shall state where bid forms and
specifications may be secured and the time and place for opening bids. Such notice shall
state the procedure for the withdrawal of a bid due to error.
2.
In addition to the notice referred to in subsection (a) above, the purchasing agent may
solicit bids directly from vendors in the business of providing the commodity or service
desired.
Section 1.40.1
Pre-Bid Conferences
For complex equipment, supplies, repairs or construction projects, pre-bid conferences with
prospective bidders may be called, when deemed necessary, by the purchasing agent.
Section 1.40.2
Submission, Opening and Tabulation of Bids
Bids shall be submitted, sealed, to the purchasing agent and shall be identified as bids on the
envelope. Such bids shall be opened in public at the time and place stated in the public notices,
and a tabulation of all bids received shall be available for public inspection. Electronic bids may
be received when sent to an email address with controlled access. They shall not be opened except
by authorized staff, until the time and place described in the solicitation for public opening.
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Section 1-40.3. - Bid evaluation.
Evaluation of bids shall be based upon the requirements set forth in the invitation, which may
include special qualifications of potential contractors and any other criteria such as inspection,
testing, quality, workmanship, delivery and suitability for a particular purpose, which are helpful
in determining acceptability. The county may consider best value concepts when procuring goods
and nonprofessional services, but not construction or professional services. The criteria, factors
and basis for consideration of best value and the process for the consideration of best value shall
be as stated in the procurement solicitation.
Withdrawal of Bid Due to Error
1.
A bidder for a public construction contract, other than a contract for construction or
maintenance of public highways, may withdraw his bid from consideration if the price
bid was substantially lower than the other bids due solely to a mistake therein, provided
the bid was submitted in good faith, and the mistake was a clerical mistake as opposed
to a judgment mistake, and was actually due to an unintentional arithmetic error or an
unintentional omission of a quantity of work, labor or material made directly in the
compilation of the bid, which unintentional arithmetic error or unintentional omission
can be clearly shown by objective evidence drawn from inspection of original work
papers, documents and materials used in the preparation of the bid sought to be
withdrawn. The bidder shall give notice in writing of his claim of right to withdraw his
bid within two (2) business days after the conclusion of the bid opening procedure and
shall submit original work papers with such notice. Such mistake shall be proved only
from the original work papers, documents and materials delivered as required herein. The
work papers, documents, and materials submitted by the bidder shall, at the bidder's
request, be considered trade secrets or proprietary information subject to the conditions
of Section 1-36.2.
2.
A bidder for a non-construction contract may withdraw his bid from consideration in
accordance with the procedures set forth in subsection (a) above.
3.
No bid may be withdrawn under this section when the result would be the awarding of
the contract on another bid of the same bidder or of another bidder in which the ownership
of the withdrawing bidder is more than five (5) percent.
4.
If a bid is withdrawn under the authority of this section, the lowest remaining bid shall
be deemed to be the low bid.
5.
No bidder who is permitted to withdraw a bid shall, for compensation, supply any
material or labor to or perform any subcontract or other work agreement for the person
or firm to which the contract is awarded or otherwise benefit, directly or indirectly, from
the performance of the project for which the withdrawn bid was submitted.
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6.
The purchasing agent shall notify the bidder in writing within five (5) business days of
his decision regarding the bidder's request to withdraw its bid. If the purchasing agent
denies the withdrawal of a bid under the provisions of this section, he shall state in such
notice the reasons for his decision and award the contract to such bidder at the bid price,
provided such bidder is a responsible and responsive bidder. At the same time that the
notice is provided, the purchasing agent shall return all work papers and copies thereof
that have been submitted by the bidder.
Section 1.41
Bid Bonds
1.
Except in cases of emergency, all bids or proposals for non-transportation-related
construction contracts in excess of five hundred thousand dollars ($500,000.00) or
transportation-related projects authorized under Article 2 (§ 33.1-208 et seq.) of Chapter
2 of Title 33.2 that are in excess of two hundred fifty thousand dollars ($250,000.00) and
partially or wholly funded by the Commonwealth shall be accompanied by a bid bond
from a surety company selected by the bidder which is legally authorized to do surety
business in Virginia, as a guarantee that if the contract is awarded to such bidder, that
bidder will enter into the contract for the work mentioned in the bid. The amount of the
bid bond shall not exceed five (5) percent of the amount bid.
2.
No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the
bid for which the bond was written and the next low bid, or (ii) the fact amount of the bid
bond.
3.
Nothing in this section shall preclude the purchasing agent from requiring bid bonds for
construction contracts anticipated to be less than five hundred thousand dollars
($500,000.00) for non-transportation-related projects or two hundred fifty thousand
dollars ($250,000.00) for transportation-related projects authorized under Article 2, (§
33.1-208 et seq.) o Chapter 2 of Title 33.2, and partially or wholly funded by the
Commonwealth.
Section 1.41.1
Bonds for Other than Construction Contracts
1.
At the discretion of the purchasing agent, bidders may be required to submit with their
bid a bid bond, or a certified check, in an amount to be determined by the purchasing
agent and specified in the invitation to bid, which shall be forfeited to the county as
liquidated damages upon the bidder's failure to execute within ten (10) days a nonconstruction contract awarded to him or upon the bidder's failure to furnish any required
performance or payment bonds in connection with a contract awarded to him as specified
in the request for bids.
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2.
The purchasing agent may require successful bidders to furnish a performance bond and
a payment bond at the expense of the successful bidder, in amounts to be determined by
the purchasing agent and specified in the invitation to bid, to ensure the satisfactory
completion of the work for which a contract or purchase order is awarded.
Section 1.42
Award of Contract to Lowest, Responsive, Responsible Bidder
The purchasing agent shall award contracts governed by this division to the lowest responsive,
responsible bidder. When the terms and conditions for multiple awards are provided in the
invitation for bids, awards may be made to more than one (1) bidder. In determining the lowest
responsive, responsible bidder, in addition to price, the agent shall consider:
1.
The ability, capacity and skill of the bidder to perform the contract or provide the service
required.
2.
Whether the bidder can perform the contract or provide the service promptly or within
the time specified, without delay or interference.
3.
The character, integrity, reputation, judgment, experience and efficiency of the bidder.
4.
The quality of performance of previous contracts or service.
5.
The previous and existing compliance by the bidder with laws and ordinances relating to
the contract or service.
6.
The sufficiency of the financial resources and ability of the bidder to perform the contract
or provide the service.
7.
The quality, availability and adaptability of the supplies or contractual services to the
particular use required.
8.
The ability of the bidder to provide future maintenance and service for the use of the
subject of the contract.
9.
The number and scope of conditions attached to the bid.
Section 1.42.1
Award of Contract to Other than Low Bidder
When the award of a contract under this division is not given to the lowest bidder, a full and
complete statement of the reasons therefore shall be prepared by the purchasing agent and filed
with the other records relating to the transaction.
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Section 1.42.2
Negotiation with Lowest Responsible Bidder
Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted
as submitted; except that if the bid from the lowest responsible bidder exceeds available funds, the
purchasing agent may negotiate with the apparent low bidder to obtain a contract price within
available funds.
Section 1.42.4
Bid Deposits
When deemed necessary by the purchasing agent, bid deposits shall be prescribed in the public
notices inviting bids. Unsuccessful bidders shall be entitled to return of the surety where the
purchasing agent has required such. A successful bidder shall forfeit any surety required by the
purchasing agent upon failure on his part to enter into a contract and provide all required
documents within ten (10) days after the award or as otherwise provided by the purchasing agent.
Section 1.43
Cancellation, Rejection of Bids; Waiver of Informalities
1.
An invitation to bid, a request for proposal, any other solicitation, and any and all bids or
proposals, and parts thereof, may be modified, cancelled or rejected. The reasons for
cancellation or rejection shall be made part of the contract file.
2.
The purchasing agent may waive informalities in bids.
Section 1.43.1
Tie Bids
In the case of a tie bid, after taking into consideration cash discounts for early payment, if any,
preference shall be given to goods produced in Isle of Wight, goods or services or construction
provided by Isle of Wight persons; otherwise to a Virginia person; if no such choices are available,
then the tie shall be decided by lot.
Performance and Payment Bonds
1.
Upon the award of any (i) public construction contract exceeding five hundred thousand
dollars ($500,000.00) awarded to any prime contractor, or (ii) construction contract
exceeding five hundred thousand dollars ($500,000.00) awarded to any prime contractor
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requiring the performance of labor or the furnishing of materials for buildings, structures
or other improvements to real property owned by the county, such contractor shall furnish
to the county the following bonds:
a.
A performance bond in the sum of the contract amount conditioned upon the
faithful performance of the contract in strict conformity with the plans,
specifications and conditions of the contract.
b.
A payment bond in the sum of the contract amount. Such bond shall be for the
protection of claimants who have and fulfill contracts to supply labor or materials
to the prime contractor to whom the contract was awarded, or to any subcontractors,
in the prosecution of the work provided for in such contract, and shall be
conditioned upon the prompt payment for all such material furnished or labor
supplied or performed in the prosecution of the work. "Labor or materials" shall
include public utility services and reasonable rentals of equipment, but only for
periods when the equipment rented is actually used at the site.
2.
Each of such bonds shall be executed by one (1) or more surety companies selected by
the contractor which are legally authorized to do surety business in Virginia.
3.
Such bonds shall be payable to the County of Isle of Wight. Each of the bonds shall be
filed with the County of Isle of Wight, or a designated officer or official thereof.
4.
Nothing in this section shall preclude the purchasing agent from requiring payment or
performance bonds for construction contracts for one hundred thousand dollars
($100,000.00) or less.
5.
Nothing in this section shall preclude such contractor from requiring each subcontractor
to furnish a payment bond with surety thereon in the sum of the full amount of the
contract with such subcontractor, conditioned upon the payment to all persons who have
and fulfill contracts which are directly with the subcontractor for performing labor and
furnishing materials in the prosecution of the work provided for in the subcontract.
Action on Performance Bond
No action against the surety on a performance bond shall be brought unless within one (1) year
after (i) completion of the contract, including the expiration of all warranties and guarantees, or
(ii) discovery of the defect or breach of warranty, if the action be for such.
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Actions on Payment Bonds
1.
Any claimant who has a direct contractual relationship with the contractor and who has
performed labor or furnished material in accordance with the contract documents in the
prosecution of the work provided in any contract for which a payment bond has been
given, and who has not been paid in full therefore before the expiration of ninety (90)
days after the day on which such claimant performed the last of such labor or furnished
the last of such materials for which he claims payment, may bring an action on such
payment bond to recover any amount due him for such labor or material, and may
prosecute such action to final judgment and have execution on the judgment. The Obligee
named in the bond need not be named a party to such action.
2.
Any claimant who has a direct contractual relationship with any subcontractor from
whom the contractor has not required a subcontractor payment bond under
Section 1.565.2 but who has no contractual relationship, express or implied, with such
contractor, may bring an action on the contractor's payment bond only if he has given
written notice to such contractor within ninety (90) days from the day on which the
claimant performed the last of the labor or furnished the last of the materials for which
he claims payment, stating with substantial accuracy the amount claimed and the name
of the person for whom the work was performed or to whom the material was furnished.
Any claimant who has a direct contractual relationship with a subcontractor from whom
the contractor has required a subcontractor payment bond under Section 1.44, but who
has no contractual relationship, express or implied, with such contractor, may bring an
action on the subcontractor's payment bond. Notice to the contractor shall be served by
registered or certified mail, postage prepaid, in an envelope addressed to such contractor
at any place where his office is regularly maintained for the transaction of business.
Claims for sums withheld as retainage with respect to labor performed or materials
furnished shall not be subject to the time limitations stated in this subsection.
3.
Any action on a payment bond must be brought within one (1) year after the day on which
the person bringing such action last performed labor or last furnished or supplied
materials.
lternative Forms of Security
1.
In lieu of a bid, payment or performance bond, a bidder may furnish a certified check,
cashier's check, or cash escrow in the face amount required for the bond.
2.
If approved by the county attorney, a bidder may furnish a bank or savings and loan
association's irrevocable letter of credit on certain designated funds in the face amount
required for the bid bond. Approval shall be granted only upon a determination that the
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alternative form of security proffered affords protection to the county at least equivalent
to a corporate surety's bond.
Section 1.44.4
Construction Contract Provisions Barring Damages for Unreasonable Delays
Declared Void
1.
Any provision contained in any public contract for construction entered into on or after
July 1, 1991, that purports to waive, release, or extinguish the rights of a contractor to
recover costs or damages for unreasonable delay in performing such contract, either on
his behalf or on behalf of his subcontractor if and to the extent such delay is caused by
acts or omissions of the county, its agents or employees and due to causes within their
control is against public policy and is void and unenforceable.
2.
Subsection (a) shall not be construed to render void any provision of a public contract for
construction that:
3.
Allows the county to recover that portion of delay costs caused by the acts or omissions
of the contractor, or its subcontractors, agents or employees;
4.
Requires notice of any delay by the party claiming the delay;
5.
Provides for liquidated damages for delay; or
6.
Provides for arbitration or any other procedure designed to settle contract disputes.
7.
A contractor making a claim against the county for costs or damages due to the alleged
delaying of the contractor in the performance of its work under any public contract for
construction shall be liable to the county and shall pay it for a percentage of all costs
incurred by the county in investigating, analyzing, negotiating, litigating and arbitrating
the claim, which percentage shall be equal to the percentage of the contractor's total delay
claim which is determined through litigation or arbitration to be false or to have no basis
in law or in fact.
8.
If the county denies a contractor's claim for costs or damages due to the alleged delaying
of the contractor in the performance of work under any public contract for construction,
it shall be liable to and shall pay such contractor a percentage of all costs incurred by the
contractor to investigate, analyze, negotiate, litigate and arbitrate the claim. The
percentage paid by the county shall be equal to the percentage of the contractor's total
delay claim for which the county's denial is determined through litigation or arbitration
to have been made in bad faith.
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Section 1.45
Retainage on Construction Contracts
1.
In any public contract for construction which provides for progress payments in
installments based upon an estimated percentage of completion, the contractor shall be
paid at least ninety-five (95) percent of the earned sum when payment is due, with not
more than five (5) percent being retained to assure faithful performance of the contract.
All amounts withheld may be included in the final payment.
2.
Any subcontract for a public project which provides for similar progress payments shall
be subject to the same limitations.
Section 1.45.1
Deposit of Certain Retained Funds on Certain Contracts; Penalty for Failure to
Timely Complete
1.
Commencing January 1, 1990, the county, when contracting directly with contractors for
public contracts of two hundred thousand dollars ($200,000.00), or more, for
construction of highways, roads, streets, bridges, parking lots, demolition, clearing,
grading, excavating, paving, pile driving, miscellaneous drainage structures, and the
installation of water, gas, sewer lines and pumping stations where portions of the contract
price are to be retained, shall include in the bid proposal an option for the contractor to
use an escrow account procedure for utilization of the county's retainage funds by so
indicating in the space provided in the proposal documents. In the event the contractor
elects to use the escrow account procedure, the "escrow agreement" form included in the
bid proposal and contract shall be executed and submitted to the county within fifteen
(15) calendar days after notification. If the "escrow agreement" form is not submitted
within the fifteen-day period, the contractor shall forfeit his rights to the use of the escrow
account procedure.
2.
In order to have retained funds paid to an escrow agent, the contractor, the escrow agent,
and the surety shall execute an "escrow agreement" form. The contractor's escrow agent
shall be a trust company, bank or savings institution with its principal office located in
the Commonwealth. The "escrow agreement" and all regulations promulgated by the
county entering into the contract shall be substantially the same as those used by the
Commonwealth of Virginia Department of Transportation.
3.
This section shall not apply to public contracts for construction for railroads, public
transit systems, runways, dams, foundations, installation or maintenance of power
systems for the generation and primary and secondary distribution of electric current
ahead of the customer's meter, the installation or maintenance of telephone, telegraph or
signal systems for public utilities and the construction or maintenance of solid waste or
recycling facilities and treatment plants.
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4.
Any such public contract for construction with the county, which includes payment of
interest on retained funds, may require a provision whereby the contractor, exclusive of
reasonable circumstances beyond the control of the contractor stated in the contract, shall
pay a specified penalty for each day exceeding the completion date stated in the contract.
5.
Any subcontract for such public project which provides for similar progress payments
shall be subject to the provisions of this section.
Section 1.45.2
Multi-Term Contracts
1.
Unless otherwise provided by law, a contract for goods, services or insurance may be
entered into for any period of time deemed to be in the best interest of the county provided
the term of the contract and conditions of renewal or extension, if any, are included in
the solicitation and funds are available for the first fiscal period at the time of contracting.
Payment and performance obligations for succeeding fiscal periods shall be subject to
the availability and appropriation of funds therefore.
2.
When funds are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be cancelled.
DIVISION 3. - COMPETITIVE NEGOTIATION
Section 1.46
Competitive Negotiation Generally
Competitive negotiation is a method of source selection which involves individual discussions
between the county and the offeror on the basis of responses to the county's request for proposals.
The source selection methods of competitive negotiation incorporates Sections 1.36.2, 1.39, 1.39.1
and 1.40, 1.54.4 and 1.57, in addition to the provisions of this division.
Section 1.46.1
Request for Proposals
A request for proposals shall be in writing and indicate in general terms that which is sought to be
procured, specifying the factors, and indicating whether a numerical scoring system will be used
in evaluating the proposal, and containing or incorporating by reference the other applicable
contractual terms and conditions, including any unique capabilities or qualifications which will be
required of the contractor. In the event that a numerical scoring system will be used in the
evaluation of proposals, the point values assigned to each of the evaluation criteria shall be
included in the Request for Proposal or posted at the location designated for public posting of
procurement notices prior to the due date and time for receiving proposals
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Section 1.46.2
Public Notice
At least ten (10) days prior to the date set for receipt of proposals, public notice shall be given by
posting on a public bulletin board at the office of purchasing, and by publication in a newspaper
or newspapers of general circulation in the area in which the contract is to be performed, so as to
provide reasonable notice to the maximum number of offerors that can be reasonably anticipated
to submit proposals in response to the particular request. In addition, proposals may be posted on
a public website or solicited directly from potential contractors.
Section 1.46.3
Receipt of Proposals
No proposals shall be handled so as to permit disclosure of the identity of any offeror or the
contents of any proposal during the process of negotiation.
Section 1.46.4
Evaluation Factors
The request for proposals shall state the relative importance of price and other evaluation factors.
The request for proposal shall include the specifics of any particular scoring system that will be
used.
Section 1.46.5
Discussion with Responsible Offerors and Revision of Proposals
As provided in the request for proposals, discussions may be conducted with responsible offerors
who submit proposals determined to be reasonably susceptible of being selected for award for the
purpose of clarification to assure full understanding of, and conformance to, the solicitation
requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity
for discussion and revision of proposals and such revisions may be permitted after submissions
and prior to award for the purpose of obtaining best and final offers. In conducting discussions,
there shall be no disclosure of the identity of competing offerors or of any information derived
from proposals submitted by competing offerors.
Section 1.47
Award
Award shall be made to the responsible offeror whose proposal is determined in writing to be the
most advantageous to the county taking into consideration price and the evaluation factors set forth
in the request for proposal. No other factors or criteria shall be used in the evaluation. The contract
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file shall contain the basis on which the award is made. When the terms and conditions for multiple
awards are provided in the request for proposal, awards may be made to more than one (1) offeror.
Contracting for Professional Services
1.
Competitive negotiation procedure. The purchasing agent shall engage in individual
discussions with all offerors deemed fully qualified, responsible and suitable on the basis
of initial responses and with emphasis on professional competence to provide the
required services. Repetitive informal interviews shall be permissible. Such offerors shall
be encouraged to elaborate on their qualifications and performance data or staff expertise
pertinent to the proposed project as well as alternative concepts. The request for proposal
shall not, however, request that offerors furnish estimates of man-hours or cost for
services. These discussions may encompass nonbinding estimates of total project costs,
including where appropriate, design, construction, and life-cycle costs. Methods to be
utilized in arriving at price for services may also be discussed. Proprietary information
from competing offerors shall not be disclosed to the public or to competitors. At the
conclusion of discussions, outlined herein, on the basis of evaluation factors published in
the request for proposals and all information developed in the selection process to this
point, the purchasing agent shall select in the order of preference two (2) or more offerors
whose professional qualifications and proposed services are deemed most meritorious.
Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract
satisfactory and advantageous to the county can be negotiated at a price considered fair
and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the
offeror ranked first shall be formally terminated and negotiations conducted with the
offeror ranked second, and so on until such a contract can be negotiated at a fair and
reasonable price. Should the purchasing agent determine in writing and in his sole
discretion that only one (1) offeror is fully qualified, or that one (1) offeror is clearly
more highly qualified and suitable than the others under consideration, a contract may be
negotiated and awarded to that offeror. Once formally terminated, negotiations may not
be reopened with any offeror.
2.
Multiphase professional services contracts satisfactory and advantageous to the county
for environmental, location, design and inspection work regarding construction
infrastructure projects may be negotiated and awarded based on qualifications at a fair
and reasonable price for the first phase only, when completion of the earlier phases is
necessary to provide information critical to the negotiation of a fair and reasonable price
for succeeding phases. Prior to entering any such contract, the county shall state the
anticipated intended total scope of the project and determine in writing that the nature of
the work is such that the best interests of the county require awarding the contract.
3.
Contracting for multiple projects. A contract for architectural or professional engineering
services relating to construction projects may be negotiated by the county, for multiple
projects provided (i) the projects require similar experience and expertise, (ii) the nature
of the projects is clearly identified in the request for proposals, and (iii) the contract term
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is limited to one (1) year or when the cumulative total project fees reach the maximum
cost authorized in this paragraph, whichever occurs first. Such a contract may be
renewable for four (4) additional one-year terms at the option of the county. Under such
contract, (a) the fair and reasonable prices, as negotiated, shall be used in determining
the cost of each project performed; (b) the sum of all projects performed in one (1)
contract term shall not exceed five hundred thousand dollars ($500,000); and (c) the
project fee of any single project shall not exceed one hundred thousand dollars
($100,000.00), or five hundred thousand dollars ($500,000) per contract term. Any
unused amounts from the first contract term shall not be carried forward to the additional
term. Competitive negotiations for such contracts may result in awards to more than one
(1) offeror provided (1) the request for proposals so states and (2) the county has
established procedures for distributing multiple projects among the selected contractors
during the contract term.
4.
The County shall not procure architectural or engineering services through a job order
contract.
Section 1.47.2
Contracting for Other Than Professional Services
Selection shall be made of two (2) or more offerors deemed to be fully qualified and best suited
among those submitting proposals, on the basis of the factors involved in the request for proposal,
including price if so stated in the request for proposal. Negotiations shall then be conducted with
each of the offerors so selected. Price shall be considered, but need not be the sole determining
factor. After negotiations have been conducted with each offeror so selected, the purchasing agent
shall select the offeror which, in his opinion, has made the best proposal, and shall award the
contract to that offeror. When the terms and conditions for multiple awards are provided in the
request for proposal, awards may be made to more than one (1) offeror. Should the purchasing
agent determine in writing and in his sole discretion that only one (1) offeror is fully qualified, or
that one (1) offeror is clearly more highly qualified than the others under consideration, a contract
may be negotiated and awarded to that offeror.
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DIVISION 4. - DEBARMENT
Section 1.48
Authority to Debar or Suspend
After reasonable notice to the person involved and reasonable opportunity for that person to be
heard, the purchasing agent is authorized to debar a person for cause from consideration for award
of contracts. The debarment shall not be for a period of more than three (3) years. The purchasing
agent is authorized to suspend a person from consideration for award of contracts if there is
probable cause to believe that the person has engaged in any activity which might lead to
debarment. The suspension shall not be for a period of more than three (3) months. The causes for
debarment include:
1.
Conviction for commission of a criminal offense as an incident to obtaining or attempting
to obtain a public or private contract, or subcontract, or in the performance of such
contract or subcontract;
2.
Conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity or business honesty which currently, seriously and
directly affects responsibility as a county contractor;
3.
Conviction under state or federal antitrust statutes arising out of the submission of bids
or proposals;
4.
Violation of contract provisions, as set forth below, of a character which is regarded by
the purchasing agent to be so serious as to justify debarment action:
5.
a.
Deliberate failure without good cause to perform in accordance with the
specifications or within the time limit provided in the contract; or
b.
A recent record of failure to perform or of unsatisfactory performance in
accordance with the terms of one (1) or more contracts; provided, that failure to
perform or unsatisfactory performance caused by acts beyond the control of the
contractor shall not be considered to be a basis for debarment; or
Any other cause the purchasing agent determines to be so serious and compelling as to
affect responsibility as a county contractor, including debarment by another
governmental entity for any cause mentioned in this section, or for violation of the ethical
standards set forth in division 6 of this article.
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Section 1.48.1
Decision to Debar or Suspend
If the purchasing agent shall debar or suspend a person, the purchasing agent shall issue a written
decision to debar or suspend. The decision shall state the reasons for the action taken and inform
the debarred or suspended person involved of his rights concerning judicial or administrative
review.
Section 1.48.2
Notice of Decision
A copy of the decision required by Section 1.48.2 of this division shall be mailed or otherwise
furnished immediately to the debarred or suspended person.
Section 1.48.3
Finality of Decision
A decision under Section 1.48.3 of this division shall be final and conclusive, unless the debarred
or suspended person within ten (10) days after receipt of the decision appeals to the purchasing
agent pursuant to Section 1.49.
DIVISION 5. - APPEALS AND REMEDIES FOR BID PROTESTS
Section 1.49
Ineligibility of Bidder, Offeror or Contractor
1.
Any bidder, offeror or contractor, other than one (1) who has been debarred pursuant to
Division 4 of this article, refused permission to, or disqualified from participating in
public contracts shall be notified in writing. Such notice shall state the reasons for the
action taken. This decision shall be final unless the bidder, offeror or contractor appeals
within thirty (30) days of receipt thereof by invoking the administrative appeal procedure
established by the purchasing agent, if any or in the alternative by instituting legal action
as provided in Section 1.50.1 of this division.
2.
If, upon appeal, it is determined that the action taken was arbitrary or capricious, or not
in accordance with the Constitution of Virginia, statutes or regulations, the sole relief
shall be restoration of eligibility.
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Section 1.49.1
Appeal of Denial or Withdrawal of Bid
1.
A decision denying withdrawal of bid shall be final and conclusive unless the bidder
appeals the decision within ten (10) days after receipt of the decision by invoking the
administrative procedures established by the purchasing agent, if any, or in the alternative
by instituting legal action as provided in Section 1.50.1 of this division.
2.
If no bid bond was posted, a bidder refused withdrawal of a bid under the provisions of
Section 1.40.4 prior to appealing shall deliver to the purchasing agent a certified check
or cash bond in the amount of the difference between the bid and the next lowest bid.
Such security shall be released only upon a final determination that the bidder was
entitled to withdraw the bid.
3.
If, upon appeal, it is determined that the decision refusing withdrawal of the bid was
arbitrary or capricious, the sole relief shall be withdrawal of the bid.
Section 1.49.2
Determination of Non-Responsibility
1.
Following public opening and announcement of bids received on an invitation to bid, the
purchasing agent shall evaluate the bids. At the same time the purchasing agent shall
determine whether the apparent low bidder is responsible. If the purchasing agent so
determines, then he may proceed with an award in accordance with the provisions of
Section 1.42. If the purchasing agent determines that the apparent low bidder is not
responsible, he shall proceed as follows:
c.
a.
Prior to the issuance of a written determination of non-responsibility, the
purchasing agent shall (i) notify the apparent low bidder in writing of the results of
the evaluation, (ii) disclose the factual support for the determination, and (iii) allow
the apparent low bidder an opportunity to inspect any documents which relate to
the determination, if so requested by the bidder within five (5) business days after
receipt of the notice.
b.
Within ten (10) business days after receipt of the notice, the bidder may submit
rebuttal information challenging the evaluation. The purchasing agent shall issue
his written determination of responsibility based on all information in his
possession, including any rebuttal information, within five (5) business days of the
date he received such rebuttal information. At the same time, the purchasing agent
shall notify the bidder in writing of his determination.
Such notice shall state the basis for the determination, which shall be final unless
the bidder appeals the decision within ten (10) days by invoking the administrative
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procedures as provided in Section 1.49.2, or in the alternative by instituting legal
action as provided in Section 1.50.1
d.
The provisions of this subsection shall not apply to procurements involving the
prequalification of bidders and the rights of any potential bidders under such
prequalification to appeal a decision that such bidders are not responsible.
2.
If, upon appeal pursuant to Section 1.50.1 or Section 1.49.2, it is determined that the
decision of the purchasing agent was arbitrary or capricious, and the award of the contract
in question has not been made, the sole relief shall be a finding that the bidder is a
responsible bidder for the contract in question. If it is determined that the decision of the
purchasing agent was arbitrary or capricious, the relief shall be as set forth in
Section 1.50.
3.
A bidder contesting a determination that he is not a responsible bidder for a particular
contract shall proceed under this section, and may not protest the award or proposed
award under Section 1.49.3 of this division.
4.
Nothing contained in this section shall be construed to require the county when procuring
by competitive negotiation to furnish a statement of the reasons why a particular proposal
was not deemed to be the most advantageous.
Section 1.49.3
Protest of Award or Decision to Award
1.
Any bidder or offeror may protest the award or decision to award a contract by submitting
such protest in writing to the purchasing agent no later than ten (10) days after the award
or the announcement of the decision to award, whichever occurs first. No protest shall
lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror.
The written protest shall include the basis for the protest and the relief sought. The
purchasing agent shall issue a decision in writing within ten (10) days stating the reasons
for the action taken. This decision shall be final unless the bidder or offeror appeals
within ten (10) days of the written decision by invoking the administrative procedures
established by the purchasing agent, if any, or in the alternative by instituting legal action
as provided in Section 1.50.1 of this division.
2.
If prior to an award it is determined that the decision to award is arbitrary or capricious,
then the sole relief shall be a finding to that effect. The awarding authority (county
council or purchasing agent) shall cancel the proposed award or revise it to comply with
the law. If, after an award, it is determined that an award of a contract was arbitrary or
capricious, then the sole relief shall be as hereinafter provided. Where the award has been
made but performance has not begun, the performance of the contract may be enjoined.
Where the award has been made and performance has begun, the awarding authority
(county council or purchasing agent) may declare the contract void upon a finding that
this action is in the best interest of the public. Where a contract is declared void, the
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performing contractor shall be compensated for the cost of performance up to the time of
such declaration. In no event shall the performing contractor be entitled to lost profits. A
decision to award shall be deemed to be arbitrary and capricious if it is not in accordance
with the Constitution of Virginia, applicable law or regulation, or the terms and
conditions of the invitation to bid or request for proposal. Nothing in this subsection shall
be construed to permit a bidder to challenge the validity of the terms and conditions of
the invitation to bid or request for proposal.
3.
Where the awarding authority (county council or purchasing agent) determines, after a
hearing held by it, or its designee, following reasonable notice to all bidders, that there is
probable cause to believe that a decision to award was based on fraud or corruption or on
an act in violation of the ethics in public contracting as set forth in Division 6 of this
article, the county council or the purchasing agent, as the case may be, shall not award
the contract to the offending bidder.
Section 1.49.4
Effect of Appeal Upon Contract
Pending final determination of a protest or appeal, the validity of a contract awarded and accepted
in good faith in accordance with this chapter shall not be affected by the fact that a protest or appeal
has been filed.
Section 1.49.5
Stay of Award During Protest
An award need not be delayed for the period allowed a bidder or offeror to protest, but in the event
of a timely protest, as provided in Section 1.49.3, or the filing of a timely legal action as provided
in Section 1.50.1, no further action to award the contract shall be taken unless there is a written
determination by the purchasing agent that proceeding without delay is necessary to protect the
public interest or unless the bid or offer would expire.
Section 1.50
Contractual Disputes
a.
Contractual claims, whether for money or other relief, shall be submitted in writing no
later than sixty (60) days after final payment; however, written notice of the contractor's
intention to file such claim shall have been given at the time of the occurrence or
beginning of the work upon which the claim is based. Nothing herein shall preclude a
contract from requiring submission of an invoice for final payment within a certain time
after completion and acceptance of the work or acceptance of the goods. Pendency of
claims shall not delay payment of amounts agreed due in the final payment.
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b.
A procedure for consideration of contractual claims may be included in each contract.
Such procedure, which may be incorporated into the contract by reference, shall establish
a time limit for a final decision in writing by the purchasing agent.
c.
A contractor may not invoke the administrative procedures established by the purchasing
agent, if any, or institute legal action as provided in Section 1.62.1 of this division, prior
to receipt of the decision on the claim, unless the purchasing agent fails to render such
decision within the time specified in the contract.
d.
The decision of the purchasing agent shall be final and conclusive unless the contractor
appeals within six (6) months of the date of the final decision on the claim by the
purchasing agent by invoking the administrative procedures established by the
purchasing agent, if any, or in the alternative by instituting legal action as provided in
Section 1.62.1 of this division.
Section 1.50.1
Legal Actions
a.
A bidder or offeror, actual or prospective, who is refused permission or disqualified from
participation in bidding or competitive negotiation, or who is determined not to be a
responsible bidder or offeror for a particular contract, may bring an action in the circuit
court for the County of Isle of Wight challenging that decision, which shall be reversed
only if the petitioner establishes that the decision was arbitrary or capricious, or, in the
case of denial of prequalification, that the decision to deny prequalification was not based
upon the criteria for denial of prequalification as set forth in Section 1.39.
b.
A bidder denied withdrawal of a bid under Section 1.40.4 of this Code may bring an
action in the circuit court for the County of Isle of Wight challenging that decision, which
shall be reversed only if the bidder establishes that the decision was clearly erroneous.
c.
A bidder, offeror or contractor may bring an action in the circuit court for the County of
Isle of Wight challenging a proposed award or the award of a contract, which shall be
reversed only if the petitioner establishes that the proposed award or the award is not an
honest exercise of discretion, but rather is arbitrary or capricious or not in accordance
with the Constitution of Virginia, applicable law or regulation, or the terms and
conditions of the invitation to bid or request for proposal. In the event the apparent low
bidder, having been previously determined by the purchasing agent to be not responsible,
is found by the court to be responsible, the court may direct the award of the contract to
such bidder in accordance with the requirements of this section and the invitation to bid
or request for proposal. The provisions of Section 1.49.3(b) shall apply to any such
award.
d.
If injunctive relief is granted, the court, upon request of the county, shall require the
posting of reasonable security to protect the county.
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e.
A contractor shall bring an action involving a contract dispute with the county in the
circuit court for the County of Isle of Wight.
f.
A bidder, offeror or contractor need not utilize the administrative procedures of section
1.50.2 of this Code; but if those procedures are invoked by the bidder, offeror or
contractor, the procedures shall be exhausted prior to instituting legal action concerning
the same procurement transaction unless the county agrees otherwise.
g.
Nothing herein shall be construed to prevent the county from instituting legal action
against a contractor.
Section 1.50.2
Administrative Appeals Procedure
a.
The purchasing agent shall establish an administrative procedure for hearing protests of
a decision to award or an award, appeals from refusals to allow withdrawal of bids,
appeals from disqualifications and determinations of non-responsibility, actions of
debarment or suspension, and appeals from decisions on disputes arising during the
performance of a contract, or any of these. Such administrative procedure shall provide
for a hearing before a disinterested person or panel, the opportunity to present pertinent
information and the issuance of a written decision containing findings of fact. The
disinterested person shall not be an employee of the county and no member of the panel
shall be an employee of the county. The findings of fact shall be final and conclusive and
shall not be set aside unless the same are fraudulent, arbitrary or capricious, or as grossly
erroneous as to imply bad faith, or in the case of denial of prequalification, such findings
were not based upon the criteria for denial of prequalification as set forth in Section 1.39.
No determination on an issue of law shall be final if appropriate legal action is instituted
in a timely manner.
b.
Any party to the administrative procedure, including the county, shall be entitled to
institute judicial review if such action is brought within thirty (30) days of receipt of the
written decision.
DIVISION 6. - ETHICS IN PUBLIC CONTRACTING
urpose
The provisions of this division supplement, but do not supersede, other provisions of law,
including, but not limited to, the State and Local Government Conflict of Interests Act (§2.1-3100
et seq.), the Virginia Governmental Frauds Act (§18.1-498.1 et seq.), and Articles 2 and 3 of
Chapter 10 of Title 18.2 of the Code of Virginia, 1950, as amended. The provisions of this division
apply notwithstanding the fact that the conduct described may not constitute a violation of the
State and Local Government Conflict of Interests Act.
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Definitions
For the purposes of this division, the following words and phrases shall have the meanings
respectively ascribed to them by this section, unless a different meaning clearly appears from the
context:
1.
County employee shall mean any person employed by the county, including elected
officials or appointed members of governing bodies.
2.
Immediate family shall mean a spouse, children, parents, brothers and sisters, or any
person living in the same household as the employee.
3.
Official responsibility shall mean administrative or operating authority, whether
intermediate or final, to initiate, approve, disapprove, or otherwise affect a procurement
transaction, or any claim resulting therefrom.
4.
Pecuniary interest arising from the procurement shall mean a personal interest in a
contract as defined in the State and Local Government Conflict of Interests Act (§ 2.13100 et seq., Code of Virginia).
5.
Procurement transaction shall mean all functions that pertain to the obtaining of any
goods, services or construction, including description of requirements, selection and
solicitation of sources, preparation and award of contract, and all phases of contract
administration.
6.
Nominal value. So small, slight or the like, in comparison to what might properly be
expected, as scarcely to be entitled to the name, but in no case to be more than twenty
dollars ($20.00).
Proscribed Participation by Public Employees in Procurement Transaction
Except as may be specifically allowed by of Section §2.1-3112, subdivisions A2 and A3, Code of
Virginia, 1950, as amended, no county employee having official responsibility for a procurement
transaction shall participate in that transaction on behalf of the county when the employee knows
that:
1.
The employee is contemporaneously employed by a bidder, offeror or contractor
involved in the procurement transaction; or
2.
The employee, the employee's partner, or any member of the employee's immediate
family holds a position with a bidder, offeror or contractor such as an officer, director,
trustee, partner or the like, or is employed in a capacity involving personal and substantial
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participation in the procurement transaction, or owns or controls an interest of more than
five (5) percent; or
3.
family has a pecuniary interest arising from the procurement transaction; or
4.
family is negotiating, or has an arrangement concerning, prospective employment with a
bidder, offeror or contractor.
Solicitation or Acceptance of Gifts
No county employee having official responsibility for a procurement transaction shall solicit,
demand, accept or agree to accept from a bidder, offeror, contractor or subcontractor any payment,
loan, subscription, advance, deposit of money, services or anything of more than nominal or
minimal value, present or promised, unless consideration of substantially equal or greater value is
exchanged. The county may recover the value of anything conveyed in violation of this section.
Disclosure of Subsequent Employment
No county employee or former county employee having official responsibility for procurement
transactions shall accept employment with any bidder, offeror or contractor with whom the
employee or former employee dealt in an official capacity concerning procurement transactions
for a period of one (1) year from the cessation of employment by the county unless the employee
or former employee provides written notification to the county council prior to commencement of
employment by that bidder, offeror or contractor.
Gifts by Bidders, Offerors, Contractors or Subcontractors
No bidder, offeror, contractor or subcontractor shall confer upon any county employee having
official responsibility for a procurement transaction any payment, loan, subscription, advance,
deposit of money, services or anything of more than nominal value, present or promised, unless
consideration of substantially equal or greater value is exchanged.
Kickbacks
a.
No contractor or subcontractor shall demand or receive from any of his suppliers or his
subcontractors, as an inducement for the award of a subcontractor or order, any payment,
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loan, subscription, advance, deposit of money, services or anything, present or promised,
unless consideration of substantially equal or greater value is exchanged.
b.
No subcontractor or supplier shall make, or offer to make, kickbacks as described in this
section.
c.
No person shall demand or receive any payment, loan, subscription, advance, and a
deposit of money, or services, or anything of value, in return for an agreement not to
compete on a county contract.
d.
If a subcontractor or supplier makes a kickback or other prohibited payment as described
in this section, the amount thereof shall be conclusively presumed to have been included
in the price of the subcontract or order and ultimately borne by the county and will be
recoverable from both the maker and recipient. Recovery from one (1) offending party
shall not preclude recovery from other offending parties.
Purchase of Building Materials, etc., from Architect or Engineer Prohibited
a.
No building materials, supplies or equipment for any building or structure constructed by
or for the county shall be sold by or purchased from any person employed as an
independent contractor by the public body to furnish architectural or engineering
services, but not construction, for such building or structure or from any partnership,
association or corporation in which such architect or engineer has a personal interest as
defined in Section §2.1-3101, Code of Virginia, 1950, as amended.
b.
No building materials, supplies or equipment for any building or structure constructed by
or for the county shall be sold by or purchased from any person which has provided or is
currently providing design services specifying a sole source for such materials, supplies
or equipment to be used in such building or structure to the independent contractor
employed by the county to furnish architectural or engineering services in which such
person has a personal interest as defined in Section §2.1-3101, Code of Virginia, 1950,
as amended.
c.
The provisions of subsections (a) and (b) shall not apply in cases of emergency.
Penalty for Violation
Willful violation of any provision of this division shall constitute a class I misdemeanor. Upon
conviction, any county employee, in addition to any other fine or penalty provided by law, shall
forfeit his employment.
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Participation in Bid Preparation; Limitation on Submitting Bid for Same
Procurement
No person who, for compensation, prepares an invitation to bid or request for proposal for or on
behalf of the county shall (i) submit a bid or proposal for that procurement or any portion thereof
or (ii) disclose to any bidder or offeror information concerning the procurement which is not
available to the public. However, the purchasing agent may permit such person to submit a bid or
proposal for that procurement or any portion thereof if the purchasing agent determines that the
exclusion of such person would limit the number of potential qualified bidders or offerors in a
manner contrary to the best interests of the county.
DIVISION 7. - Purchasing Card (Pcard) Policy
The purpose of this policy is to provide guidelines and procedures to govern the County of Isle of
Wight’s Purchasing Card (Pcard) Program. The Pcard Program has been established to provide
County departments and agencies with an efficient means of purchasing goods and services. The
Pcard Program and policy is intended to:
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Reduce the volume of accounts payable transactions and associated administrative costs
by consolidating multiple vendor payments while providing departments a time-saving
convenience.
Provides a convenient method for small purchases and to facilitate e-commerce, including
Internet purchases and/or payments.
Ensure that procurement of goods and services with purchasing cards is accomplished in
accordance with the County's Purchasing Policy to carry out the program.
Facilitate good management practices and proper tracking of expenditures.
Ensure that appropriate internal controls are established to prevent fraud and unauthorized
purchases.
Provides excellent value through rebates earned by making purchases on Pcards.
The County of Isle of Wight (County) utilizes an electronic Purchasing Card (Pcard) Program that
provides the County the opportunity to streamline procedures for procuring small dollar goods and
services. All purchases must comply with the County’s Pcard Policy and Purchasing guidelines.
Purchases shall only be made for official County business. Personal use of the Pcard is prohibited and
can result in employee discipline up to and including termination of employment from the County.
Pcard services are obtained through participation in the State-wide contract administered by the
Virginia Department of Accounts (DOA), in conjunction with the Virginia Department of General
Services, Division of Purchases and Supply (DGS/DPS). Bank of America is the County’s provider
for the Pcard Program.
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These procedures apply to all cardholders, their supervisors, and those authorized to use or administer
cards. The Director of Budget & Finance has overall responsibility for the Pcard program and has
established this policy for its utilization. The Director of Budget & Finance appoints the Pcard
Administrator and designated backup, who administer the Pcard Program.
Definitions:
 Approving Official: The Department Head or his/or her designee authorized to approve
purchases and code transactions to departmental line items.
 Cardholder: The Cardholder shall make purchases and process transactions in accordance
with this policy. Purchases and returns should be recorded on a Pcard log in a timely
manner. The transactions shall be reconciled to the bank statement and processed using
the Bank of America online system. All documentation shall be submitted to their
Cardholder Manager each cycle. An electronic format is preferred.
 Proxy Reconciler: In some departments administrative personnel are tasked to represent
the actual Cardholder during reconciliation processes. This usually occurs when the
cardholder does not have access to a computer to input data. The Proxy Cardholder can
perform those tasks normally assigned to the Cardholder. A Proxy Cardholder may not
have the role of Cardholder Manager for the same Cardholder.
 Cardholder Manager: The Cardholder Manager (usually cardholder’s immediate
supervisor) shall ensure all purchases under his/her approval authority are in compliance
with this policy, and are accurate and necessary to conduct County business by reviewing
the Cardholders’ receipts, log, and statement. The Cardholder Manager shall utilize the
Bank of America online system (Works) each cycle to sign-off on the approved
transactions.
 Department Head: The Department Head is responsible for all Pcard activity in their
department and shall appoint Cardholder Managers. The Department Head or designee
shall analyze each Cardholder’s usage and spending limits to ensure appropriate
purchasing authority. The Department Head shall minimize credit exposure by limiting
the number of cards to essential personnel who frequently purchase goods or services,
establishing reasonable credit limits, and coordinating appropriate MCC restrictions
(Accommodations, Car Rentals, Oil/Gas, Restaurant/Food, and Travel) through the Pcard
Administrator.
 Purchasing Card Administrator: The County employee in Purchasing assigned by the
Director of Budget & Finance to administer the Purchasing Card Program.
 Purchasing Card Issuer: The financial institution issuing the purchasing cards, Bank of
America.
 Program Manager: An additional employee that may be assigned by Department Head to
be responsible for fiscal oversight of his/her department’s purchase card program.
Program managers shall not be cardholders.
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Pcards will be issued to individual employees who frequently purchase goods or services at
the discretion of the Director of Budget & Finance. Each Pcard displays the County’s name,
individual's name, the County’s Federal Identification Number, the Pcard account number,
and card expiration date. The Department Head must make all requests for Pcards.
The Department Head must submit a completed request form and the cardholder agreement
to the Pcard Administrator for processing. Upon receipt of the request and the cardholder
agreement, the Pcard Administrator will request a Pcard from the Bank of American. Card
orders take approximately five business days to be issued by the Bank of America.
When the Pcard Administrator receives a purchasing card from the issuing card company, the
cardholder will be required to complete training administered by the Purchasing Agent and
Pcard Administrator and personally take receipt of the Pcard. The cardholder will be given a
copy of the Purchasing Card Policy and required to provide signature affirming their
understanding and intended compliance of all requirements. The Pcard Administrator will
notify the requesting department upon issuance of all Pcards.
Pcards shall be secured by the Cardholder at all times. Purchases are only to be made by the
cardholder whose name is on the card. Under no circumstances shall a Pcard be shared with
another County employee. The account number shall not be faxed, mailed or emailed to any
vendor. The card number and expiration date may be provided verbally to trusted vendors.
Web orders shall only be made on a secure website that starts with https://. Cardholders should
not make photocopies of the Pcard.
Mandatory Training
Prior to the issuing of a Pcard, and annually thereafter, all Cardholders and Cardholder Managers
shall successfully complete training by the Director of Budget & Finance and the Pcard Administrator.
The training class is classroom based. Cardholders that violate the County’s Pcard Policy will be
required to attend an additional training class in order to maintain the Pcard privileges.
The Delegation of Authority that has been provided to each cardholder sets the maximum dollar
amount for each single purchase (Single Transaction Limit) and a credit limit for all purchases made
with a purchasing card within a given billing cycle (30-Day Limit). Individual cardholder limits are
established upon issuance of the Pcard based on recommendations provided by the Department Head
and approved by the Pcard Administrator.
Regardless of the individual Pcard limits, no purchase transaction shall exceed established
procurement threshold ($5,000) as provided by the County’s Purchasing Manual and Policy.
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Use of the Pcard must meet the following conditions:

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The Pcard is to be used only for County purchases and travel expenses that meet a public
purpose as outlined in County policy or as determined by the County Administrator.
No other person is authorized to use the Cardholder’s Pcard.
Cardholders must obtain a customer copy of the charge slip and the detailed receipt or all
purchases made using the Pcard. The charge slip and detailed receipt will become the
accounting documents. The business purpose with item description must be documented
on all receipts. These records are to be scanned and attached to the transaction in Works.
It is recommended that all purchases be entered into a log or other records to use in
reconciliation of the statement. Attach receipts and records to this document. All receipts
and records of transactions should be scanned and provided to the Approving Official,
Cardholder Manager, Program Manager, if applicable, and Pcard Administrator.
Visa automatically charges a 1% fee for all international transactions. This is in addition
to currency conversion fees.
Telephone Orders - When a detailed charge receipt is not provided with the order, the
cardholder shall provide a written explanation that it was a telephone purchase and provide a
description of the item(s), date of purchase, amount and merchant name which will serve as
the charge receipt. When merchandise is received the receipt or packing slip should be
scanned and attached to the Pcard transaction when closing the monthly statement.
Internet Orders - Most sites provide order confirmations/receipts either on-line or via e-mail.
These receipts should be printed as the supporting documentation for the purchase. The
cardholder shall submit documentation giving an explanation that it was an Internet purchase
and provide a description of the item(s), date of purchase, and amount which will serve as the
charge receipt. This documentation shall be scanned and attached with the monthly statement
in Works.
Meals - Detailed receipts are required for all meals in accordance with the County’s Travel
Policy. The business purpose and attendees must be documented on all business meal receipts.
This shall be scanned and provided to the Pcard Administrator with the monthly statement.

Missing Documentation: If for some reason (other than for telephone and Internet orders
as described above) the cardholder does not have detailed documentation of the
transaction he/she must prepare a written explanation. The explanation must include a
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description of the item(s), date of purchase, amount, merchant's name, and why there is
no supporting documentation. Instances of frequent abuse of this provision (as determined
by the Pcard Administrator) may result in cancellation of the purchasing card.
Cash Advances Prohibited: All cash advances using the Pcard are prohibited. This
includes cash advances through cash back, bank tellers or automated teller machines, and
gift certificates.
Taxes: Cardholders are responsible for knowing the County's tax exempt status and must
make every attempt to avoid paying unnecessary taxes.
The County is exempt from Virginia Sales and Use Tax. The County is typically exempt
from other states' sales tax when the order is placed by telephone or Internet. However,
the County is not exempt from other states' sales tax when the purchase is made in that
state. The County is also exempt from some federal excise taxes, such as the excise tax on
tires, fuel, and firearms. The County is not exempt from all taxes. The County is subject
to Meals and Lodging taxes, for example.
Departments are required to use the Bank of America’s purchasing card accountability
system. All Cardholders will be required to complete training on the Bank of America’s
purchasing card accountability system prior to receiving their Pcard. The Pcard
Administrator is also available to provide additional technical assistance as needed.
The payment processing date due to the Purchasing Department is the 25th of each month
to facilitate a timely compliance review prior to the scheduled automatic draft payment
date for all purchases made by cardholders at the end of each billing cycle. Charges that
have been reviewed, accepted, and properly coded by the appropriate Approving Official
in the on-line Pcard system will be expensed accordingly in the financial system. Charges
that have not been noted as compliant in Bank of America System will be recorded in the
financial system as an advance to the cardholder. Instances of frequent abuse to this
provision may result in cancellation of the Pcard.
Each department must provide to the Pcard Administrator the names of Approving
Officials and the accounts each will be responsible for reviewing and maintaining within
the on-line purchasing card system at the time of card issuance. The cardholder must
provide all detailed receipt(s) (sales drafts) received at the time of purchase in addition to
written documentation of any telephone orders or other purchases for which detailed
receipts were not provided to the Approving Official. Noncompliance may result in denial
of future use of Pcards. Charges not reviewed by the date established and posted to the
financial system as an advance to the cardholder may become a future payroll deduction
to cover charges, if not cleared.
The Cardholder reviews charges, notes any errors, assigns accounting codes to each item,
completes the comment field (required), and forwards to the Cardholder Manager and/or
Approving Official for documented approval of purchases. The Approving Official may
also assign accounting codes to each item that is purchased by the Cardholder and will
accept a charge in the on-line purchasing card accounting system when required
documentation has been received from the cardholder in a timely manner. The Approving
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Official will scan the corresponding receipts, and forward this information to the Pcard
Administrator by the 25th of each month. Certification of all purchases is required by each
cardholder, with verification performed by an Approving Official. A charge will remain
as not reviewed in the on-line purchasing card system when the required documentation
has not been received from the cardholder by the fifth of the following month.
It is the cardholder's responsibility to provide his/her Approving Official with the detailed
receipt(s) for each billing cycle if travel or extended leave is scheduled at the time the
charges are to be reviewed in the on-line purchasing card system. At any time, should the
Approving Official not receive all of the detailed receipts, it will be his/her responsibility
to contact cardholders and obtain the necessary documents.
If a cardholder does not have any transactions on his/her Pcard for a particular billing cycle, no charges
will appear in the one-line purchasing card system (unless adjustments for previously billed
transactions are processed during that cycle.
Program Manager’s assigned by the Department Head may review all transactions.
Approving Officials are required to review each cardholder transaction, and the merchant who made
the sale to assure that items were for Official Use. If for any reason the Approving Official questions
the purchase(s), it is his/her responsibility to resolve the issue with the cardholder. If he/she cannot be
satisfied that the purchase was necessary and for Official Use, then the cardholder must provide either
a Credit Voucher proving that the items have been returned for credit, or a personal check for the full
amount of that purchase. Use of a County Pcard for purchases other than Official Use is considered
misuse, even when the expense is reimbursed. The Approving Official is required to report instances
of purchases other than of Official Use to the department’s Cardholder Manager, program Manager,
if applicable, the Cardholder’s immediate supervisor, the Department Head, and Purchasing Card
Administrator immediately for corrective action.
The cardholder is accountable for the activity on the Pcard. Improper use of the Pcard can be
considered misappropriation of County funds, which may result in disciplinary action, up to, and
including termination.

If items purchased with the Pcard are found defective or the repair or services faulty, the
cardholder has the responsibility to return item(s) to the merchant for replacement or to receive
a credit on the purchase. CASH REFUNDS WILL NOT BE PERMITTED. If the merchant
refuses to replace or correct the faulty item, then the purchase of this item will be considered
to be in DISPUTE.
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Disputed charges should be handled by the cardholder in accordance with Bank of America’s
system. The Pcard Administrator may be contacted for the necessary information as required
by Bank of America to properly dispute charges. The Pcard Administrator will monitor
outstanding disputed items to ensure cardholders are obtaining appropriate resolution. Bank
of America will notify the cardholder of the action taken on disputed items.
It is essential that the timeframes and documentation requirements established by Bank of America
be followed to protect the cardholder's rights in dispute.
If a cardholder fails to comply with the applicable policies and these procedures, the card will be
immediately blocked. Unauthorized use of a Pcard may result in disciplinary measures and other
actions, consistent with law. Pcard Violations include:
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Purchase of items for personal use.
Purchase of items in violation of the County’s policies.
Use of credit card for cash advances.
Use of the credit card to split purchases into more than one transaction to circumvent the
delegated purchasing authority dollar thresholds as defined in the County Purchasing
Policy.
Failure to return the credit card when an employee is reassigned, terminated or upon
request.
Repeated failure to provide required documentation.
The cardholder shall never use the card to circumvent or divert the rules of the Virginia
Public Procurement Act or the County of Isle of Wight Procurement Manual Policies and
Procedures.
The Pcard shall not be used to purchase the following:

Alcohol

Cash Advance
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Gift Cards
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Items under County Contract
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Transactions over Cardholder’s single transaction limit
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Purchases potentially resulting in future obligations

Repetitive purchases (we should combine to set up contracts)
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Maintenance agreements; annual repairs; or lease agreements
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Purchases not for official County business
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Department Heads, Approving Officials, and their designees should immediately contact the Pcard
Administrator and Director of Budget & Finance to report violations that are discovered. The Director
of Budget & Finance and Pcard Administrator shall immediately report all instances of
noncompliance and misuse to the County Administrator for appropriate disposition.
Disciplinary action, including, but not limited to termination of employment, may be taken against
the Cardholder for failure to comply with this policy.
All Pcards are restricted from the following transactions:

Drinking Places;
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Wires;
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Money Orders;
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Pawn Shops;
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Manual Cash Disbursements;
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Automated Cash Disbursements;
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Quasi Cash – Member Financial Institution;
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Non-Financial Institutions;
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Dating/Escort Services;
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Massage Parlors;
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Betting/Casino Gambling;
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Fine/Government Administrative Entities;
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Bail and Bond Payments;
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Sweepstakes;
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Food Stamps.
The Director of Budget & Finance, Department Heads or their Designees may request additional
Merchant Category Codes (MCC’s) restriction to individual cards which can include
Accommodations, Car Rentals, Oil/Gas, Restaurant/Food, and Travel. These limitations enable
specific controls on cardholders and minimize errors, restricting the employee to specific procurement
functions.
All requests for new cardholders or changes to current cardholders shall be made to the Pcard
Administrator who will process the requested changes. All requests for Pcard s and Pcard limit
increases must be approved by the Department Head or his designated representative and by the Pcard
Administrator.
On a semi-annual basis, the Pcard Administrator will provide a list of Pcards issued to individuals for
each department to the Department Head. Departments Heads shall conduct a physical inventory of
the Pcards and provide a report to the Pcard Administrator of the results of the inventory.
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Should any cardholder lose or have their Pcard stolen, it is the responsibility of the cardholder to
immediately notify Bank of America, Cardholder Manager and/or Approving Official, and the Pcard
Administrator of the loss. The telephone number of Bank of America is available from the Pcard
Administrator. A list of Bank of America contact numbers is also attached to this policy.
In addition to notifying Bank of America, their Cardholder Manager and/or Approving Official, of
lost or stolen Pcard WITHIN ONE WORKDAY after discovery of the loss or theft of the card. The
Cardholder Manager and/or Approving Official or their designee will be required to notify the Pcard
Administrator WITHIN 2 WORKDAYS. Complete information on the loss, the date the loss was
discovered, the location where the loss occurred, if known, the last transactions that the cardholder
had made prior to the loss, and any other necessary information shall be provided to the Pcard
Administrator.
Upon determination that the card will no longer be needed, or when the Cardholder will be out on
leave for more than two weeks, the Cardholder shall surrender their Pcard and un-reconciled receipts
and/or statements to their Cardholder Manager. The Cardholder Manager shall immediately notify
the Pcard Administrator.
If an employee leaves their position with the County, or is terminated, the Approving Official and/or
Cardholder Manager shall collect and return the Pcard to the Pcard Administrator. The Pcard
Administrator will notify Bank of America and destroy the card.
In the event that a cardholder transfers to another department within the County, the Pcard shall be
returned to the Pcard Administrator by the Approving Official and/or Cardholder Manager. Should
the employee require a Pcard to perform the duties of their new position, their new Department Head
must submit a new Pcard Request Form to the Pcard Administrator.
In the event the Approving Official is not able to collect the Pcard when an individual leaves, the
Pcard Administrator should be contacted immediately by telephone and written notification to ensure
the purchasing card is voided. The Pcard Administrator will notify Bank of America to cancel the
Pcard to prevent any transactions upon employment separation or termination of the former employee.
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All documents related to the Pcard shall be fully disclosed as a public record to the extent provided
for by the Virginia Freedom of Information Act (FOIA).
DIVISION 8 – SURPLUS PROPERTY DISPOSAL POLICY
Section 1.71
Surplus Property Disposal
It is the intent of this section of the County’s Procurement Policy entitled SURPLUS PROPERTY
DISPOSAL to protect County assets by actively seeking the most effective means available to
dispose of all materials, supplies, equipment, or other personal property that are considered excess,
obsolete, unusable, or extensively damaged in order to maximize the useful life of each of the
County’s assets. Personal property, as outlined in this procedures policy, shall include any excess
obsolete, salvageable, or non-salvageable, Capital or Non-Capital property which is sold, replaced
through the budget process, transferred or loaned to another department or Department, discarded,
scrapped, traded in, or otherwise removed from service by any other means of disposal. Disposal
of surplus property does not apply to real estate.
Section 1.71.1
Department Responsibility
Department directors shall be responsible for the maintenance, care, custody and control of County
property assigned to their department. Further, except as otherwise set forth herein, written
authorization from the General Services Department shall be obtained prior to the disposition of
any surplus property. This does not include the disposition of salvageable or non-salvageable
equipment, materials, and/or supplies purchased using small dollar procurement procedures; this
property may be disposed of at the discretion of the department director.
Section 1.71.2
Authority
Unless otherwise directed by County Board of Supervisors or the County Administrator, the
General Services Director or designee, or other authorized staff of the General Services
Department, shall have the sole authority to dispose of surplus property using the method of
disposal deemed to be most cost effective to the County.
The General Services Director or designee shall report final disposition to the Director of Budget
& Finance.
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Section 1.71.3
Reporting of Surplus Property
Surplus Property Asset Forms shall be submitted to the Department of Budget & Finance for the
disposition of any surplus property acquired at the purchase price of $5,000.00 or above, regardless
of the method of disposal. These purchases are considered Capital Assets and are assigned an asset
number by the Department of Finance.
A copy of the Surplus Property Asset Form shall be maintained in Budget & Finance and in the
owner department inventory files.
Section 1.72
Methods of Disposal
The General Services Department may use any of the following methods to dispose of surplus
property:
A.
Public Auction
1)
Public auction to be held at the Auctioneer’s site or at a specified location
within the County.
2)
Public auction to be held utilizing an approved on-line auction site.
B.
Sales
1)
Formal Sealed Bid - The property is sold using the formal sealed bid process
for competitive bids. Surplus property sold using this method must be
posted publicly on a Bid Board maintained by the General Services
Department and advertised in a newspaper having general circulation in the
County.
2)
Request for Quotation - The property is sold using quotations as governed
by small dollar procedures.
3)
Direct sales by posting items on bulletin board or website with an
established price on first-come basis.
4)
In the event that no offer is received in response to methods (1) and (2), the
General Services Director or designee may accept any subsequent offer to
purchase said surplus property deemed to be in the County’s best interest.
C.
Transfer of Surplus property, whether capital or non-capital assets, may be
transferred as follows:
1)
Transfer of property among divisions within the same department. A
department director may transfer surplus property from one division to
another division within their department. Whenever a Capital Asset is
transferred to another division within the same department, the department
director shall submit a Surplus Asset Form to the Department of Budget &
Finance showing that the transfer has taken place.
2)
Transfer of property among different departments within the County. A
department director may transfer surplus property from one department to
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D.
E.
F.
G.
H.
another department within the County. Whenever a Capital Asset is
transferred to another department within the County, the department
director shall submit a Surplus Asset Form to the Department of Budget &
Finance showing that the transfer has taken place.
3)
Transfer of property to another public entity prior to placing an asset on the
open market for sale, the General Services Department may transfer it to
another public entity for a negotiated price or, with written justification, at
no cost. The transfer of property to another public entity will be the sole
responsibility of the Department of Budget & Finance.
Trade-in
Departments shall not use trade-in allowances to offset the cost of a new or
replacement asset unless stated in the procurement process; however, the General
Services Department may negotiate a trade-in allowance. In the event a trade-in is
authorized by the General Services Department, the department will be charged for
the gross cost of the item, and the trade-in allowance will be credited to the
County’s appropriate fund.
Donations
At the discretion of the General Services Director or designee, any surplus property
which remains unsold may be donated to any non-profit or historical organization,
which includes old and used books from the Library donated for resale and monies
returned to Library. With approval of the County Administrator, surplus property
may be donated directly to the organization without using other methods of
disposal.
Loan
The temporary use of a surplus asset may be granted to a department other than the
owner department or, with written permission by the General Services Director or
designee, to another public entity or non-profit organization.
Cannibalization
At the discretion of the department head of the owner department, obsolete, wornout, inactive, or uneconomical operating equipment may be used for parts for the
repair of other equipment.
Scrap
Should no additional offers for purchase be received or requests made for donation
of surplus property, the General Services Designee may declare the asset void of
any value to the County and notify the department to dispose of the property as
scrap at an appropriate landfill facility.
Section 1.72.1
Damaged Surplus Property – Subject of Insurance Claim
When damage to an asset is the subject of an insurance claim, the General Services Department
and Risk Management Division will coordinate the disposal of the asset.
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Section 1.72.02
Proceeds from Surplus Property Disposition
Proceeds from the disposition of surplus property shall be returned to the County’s General Fund
and not to the owner department’s account code. Exceptions to this procedure include the
following:



Asset Forfeiture Vehicles/Equipment
Vehicles/equipment seized by the order of court through Federal and State Assets
Forfeiture Program.
Library book sales.
Section 1.73
Purchase of Surplus Property by County Employees
No County employee, whether permanent or temporary, shall convert to personal use any surplus
property, with or without salvage value.
No County employee, nor any member of their immediate family, may purchase surplus property.
Surplus property may not be purchased by a County employee through a third party.
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ARTICLE II
Capital Improvements Plan (CIP) Development Process
(Adopted September 18, 2014)
Section 2.0
Intent/Purpose
The purpose of this policy is to establish a formal process and guidelines for the development of
the County’s Capital Improvements Plan (CIP). The CIP serves as a planning tool for the Board
of Supervisors and provides a mechanism for the planning and financing of major non-recurring
needs. The CIP shall be developed annually to plan for proposed public improvements to be
constructed and major equipment to be purchased during the next 10 years. The CIP is intended to
accomplish the following objectives:





To build the facilities required to support the County’s public service responsibilities.
To improve financial planning by comparing needs with resources, estimating future bond
issues and debt service, and identifying tax rate implications.
To establish priorities among projects so that limited available funds are used to the best
advantage.
To plan public facility construction and major equipment purchases and coordinate timing with
public needs.
To support the physical development objectives contained in approved County plans.
Section 2.1
Eligible Projects
The types of expenditures that will be included in the CIP must be distinguished from expenditures
that will remain part of the Operating Budget. Generally, the classification of assets as capital
versus operating can be determined by two criteria: 1) Cost and 2) Useful Life.
1) Cost: Only those projects that are major and exceed $50,000 shall be included in the CIP.
However, this shall not exclude replacement of items less than $50,000 when included as
a part of a larger project.
2) Useful Life: Only those projects that have a long service life estimated at five (5) years or
more. Expenditure items that are made annually, such as salaries, office supplies, personal
computers and software, office furniture, routine maintenance and service contracts, or
similar “soft” or non-durable purchases are not appropriate to include in the capital
program.
To classify an item as either a capital or operating expenditure, the cost and useful life criteria
should be applied simultaneously.
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Section 2.2
CIP Development Process

The CIP Development Process will begin in September of each year to address in detail the
five year plan and additional five year horizon for needed County capital improvements.

The County Administrator will send out a CIP Request Package and instructions to solicit CIP
project requests from county departments and Isle of Wight County Schools for the next 10
years.

The County Administrator will review the CIP requests and develop a recommended CIP with
the input of departments. Once completed, the County Administrator’s recommended CIP will
be forwarded to the Planning Commission.

The Planning Commission will review the County Administrator’s recommended CIP, direct
any edits, and forward the document to the Board of Supervisors.

The Board of Supervisors will review the Planning Commission recommended CIP, hold a
public hearing, make any necessary edits and adopt the CIP.

The first year of the adopted CIP, subject to funding availability, will be incorporated into the
County Administrator’s Proposed Annual Operating and Capital Budget.
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ARTICLE III
Non-Profit Funding Requests
(Adopted January 16, 2014)
Section 3.0
Intent/Purpose
The purpose of this policy is to establish a formal process and guidelines for nonprofit
organizations to make funding requests to the County for the provision of services that will benefit
citizens of Isle of Wight County.
Section 3.1
General
The County Administrator is authorized to accept funding requests as part of the annual operating
budget development process. The County Administrator will establish, each year, an application
package and due date for nonprofit organizations that wish to be considered for funding as part of
the County’s annual operating budget. Applications will be considered from established 501(c)(3)
nonprofit organizations that provide services to the citizens of Isle of Wight County that are more
comprehensive in nature or would not otherwise be made available by the County Government.
Section 3.2
Application Process
a. An application package will be made available for download by interested nonprofit
organizations on the County’s website and upon request from the County Administrator’s
Office.
b. As part of the application package, applicants will be required to submit the following
information:
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501(c)(3) IRS Determination Letter
List of Current Board of Directors to include residential status
Current Year’s Adopted Operating Budget
Most Recent Audited Financial Statements and Audit Report
Other relevant service statistics as deemed appropriate
c. In order to be considered for funding, all application forms and required attachments must
be delivered to the County Administrator’s Office before the established due date and
time.
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Section 3.3
Evaluation Criteria
Section 3.3.1
Evaluation Criteria for Nonprofit Organizations Other Than Volunteer Fire & Rescue
Organizations
All applications will be reviewed and evaluated based on the following criteria:
Evaluation Criteria
Total Eligible Points
Nature of service provided aligns with local government purpose
25
Demonstrated prudent financial management including prepared budget
plans and operations absent of material audit findings
Capacity of the organization/feasibility of the project, program, or
service
Percent of local contribution requested to the percentage of the local
customer base to be served
County contribution leverages a multiplied funding match in services to
Isle of Wight County residents
Achievement of prior year goals and objectives supported by County
funding assistance
Board membership representation proportionate to Isle of Wight
County resident base
GRAND TOTAL
20
15
15
10
10
5
100
Section 3.3.2
Evaluation Criteria for Volunteer Fire & Rescue Organizations (Reserved)
Section 3.4
Award of Funds to Nonprofit Organizations
Upon the evaluation of applications submitted by nonprofit organizations, the County
Administrator will include the recommended funding level for each applicant in the proposed
annual operating budget. The Board of Supervisors will make the final determination of funding
through the adoption of the annual operating budget.
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Funding disbursements to nonprofit organizations will be made based on the amount of funds
awarded including:
1) Up to $20,000 – Funds will be disbursed via a lump sum payment no less than 45 days
after the start of the fiscal year or July 1st.
2) $20,000 or more – Funds will be disbursed via quarterly payments with the first installment
no less than 45 days after the start of the fiscal year or July 1st.
Section 3.5
Progress Reports
The County Administrator will develop a progress report for use by nonprofit organizations that
are awarded funds from the County. These reports will be due on a semi-annual basis to the County
Administrator in order to demonstrate how County funds were used to provide services to the
citizens of Isle of Wight County.
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ARTICLE IV
Financial Policies
(Adopted March 20, 2014)
POLICY PURPOSE
The County of Isle of Wight (the “County”) and its governing body, the County Board of
Supervisors (the “Board of Supervisors”), is responsible to the County's citizens to carefully
account for all public funds, to manage County finances wisely and to plan for the adequate
funding of services desired by the public, including the provision and maintenance of facilities.
The following financial policies and guidelines establish the framework for the County’s overall
fiscal planning and management.
1.01 Policy Goals
This fiscal policy is a statement of the guidelines and goals that will influence and guide the
financial management practices of the County. A fiscal policy that is adopted, adhered to, and
regularly reviewed is recognized as the cornerstone of sound financial management. Effective
fiscal policy:

Contributes significantly to the County's ability to insulate itself from fiscal crisis,

Enhances short term and long term financial credit ability by helping to achieve the highest
credit and bond ratings possible,

Promotes long term financial stability by establishing clear and consistent guidelines,

Promotes the view of linking long term financial planning with day to day operations, and

Provides the Board of Supervisors and the citizens a framework for measuring the fiscal impact
of government services against established fiscal parameters and guidelines.
1.02 Policy Implementation and Coordination
The County Board of Supervisors has assigned the County Administrator as the Executive Agent
of County and has authorized him or his designee to implement this policy.
1.03 Review and Revision
These polices will be reviewed for appropriateness and comparability with Tier 1 & 2 strongly
rated jurisdictions every three years or more frequently if a need for review is identified.
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REVENUES
2.01 Revenue Diversification
The County will strive to maintain diversified and stable revenue streams to protect the
government from problematic fluctuations in any single revenue source and provide stability to
ongoing services.
Current revenues are expected to fund current expenditures and a diversified and stable
revenue system will be pursued to protect programs.
2.02 Fees and Charges
All fees established by the County for licenses, permits, fines, services, applications and other
miscellaneous charges shall be set to recover all or a portion of the County’s expense in
providing the attendant service. These fees shall be reviewed annually with the development of
the annual operating budget.
2.03 Revenue Collections
The County will strive to achieve an overall property tax collection rate of 100% to ensure all
citizen service recipients contribute to the costs of public services they receive.
2.04 Use of Fund Balance
The County’s General Fund equity balance will be utilized to provide sufficient working capital
in anticipation of current budgeted revenues and to finance unforeseen emergencies without
borrowing. Absent extraordinary circumstances, the General Fund equity of the County
(Unassigned Fund Balance) should not be used to finance current operations.
2.05 Restricted Revenue
Restricted revenue (such as Medicaid or Grant funds) shall only be used for the purpose intended
and in a fiscally responsible manner.
BUDGET
3.01 Balanced Budget
The provisions of the Code of Virginia shall control the preparation, consideration, adoption and
execution of the budget of the County. In addition, the budget is to be balanced with planned
expenditures equal to estimated revenues.
The County will annually adopt and execute a budget for such funds as may be required by law or
by sound financial practices and generally accepted accounting principles. The budget shall
control the levy of taxes and the expenditure of money for all County purposes during the ensuing
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fiscal year. The County budget shall be balanced within all available operating revenues, including
the fund balance, and adopted by the County Board of Supervisors.
3.02 Use of Current Revenues to Support Current Expenditures
Ongoing and stable revenues will be used to support ongoing operating costs.
3.03 Use of One-time Revenue and One-time Expenditure Savings
The use of one-time revenues and one-time expenditure savings will be used for non-recurring
expenditures.
3.04 Review of Fees and Charges
Fees established by the County for licenses, permits, fines, services, applications and other
miscellaneous charges shall be set to recover all or a portion of the County’s expense in
providing the attendant service and reviewed annually with the development of the annual
operating budget.
3.05 Revenue and Expenditure Projections
The County will prepare and annually update a long range (5 year) financial forecast model
utilizing trend indicators and projections of annual operating revenues, expenditures, capital
improvements and related debt service and operating costs, and fund balance levels to be provided
to the Board with the presentation of the Annual Capital Improvements Plan presented for
adoption.
3.06 Budget Performance Monitoring
The Finance Department will maintain ongoing contact with the departmental fiscal officers during
the year of the budget execution. Expenditure and revenue projections should be developed
quarterly and reviewed with Departmental Directors, the County Administrator, and the County
Board of Supervisors. The County Administrator through the Finance Department will exercise
appropriate fiscal management as necessary to live within the limits of the adopted budget.
3.07 Maintenance of Capital Assets
The budget should provide sufficient funds for regular repair and maintenance of capital
assets.
3.08 Fund Balance Levels
The County will employ sound financial management principles to include the establishment of
an unassigned general fund balance sufficient to maintain required working capital and
provide a reserve for unanticipated expenditures or emergencies, revenue shortfalls, and
other non-recurring uses.
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The ratio of Unassigned General Fund balance as a percentage of Budgeted Governmental Funds
Expenditures (net of the General Fund Contribution to Schools, transfer to other Governmental
Funds, and Capital Projects Fund Expenditures) plus budgeted expenditures in the School
Operating and Food Service Funds indicates the ability of the County to cope with unexpected
financial problems or emergencies. The larger the Unassigned General Fund balance, the greater
the County’s ability to cope with financial emergencies and fluctuations in revenue cycles. The
County has established a target rate of 10% at the close of each fiscal year as computed for
the upcoming budget year.
Once the unassigned general fund balance target is achieved by the County, it is intended to be
maintained for the upcoming fiscal year from prior year surpluses and budgeted additions as
available before any other needs are addressed. In the event Unassigned Fund Balance is required
to be drawn below the 10% target rate due to an emergency (such as a natural disaster) or due to
severe economic circumstances, the County will develop a plan to restore the Unassigned Fund
Balance over the ensuing two fiscal years.
Compliance with fund balance policy will be reviewed and reported to County Board of
Supervisors annually in conjunction with the development of the operating budget and with any
significant budget amendments made during the fiscal year.
3.09 Funding Flow
The County considers restricted revenue sources to be spent when an expenditure is incurred for
purposes for which restricted and unrestricted revenue sources are available unless prohibited by
legal documents or contracts.
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CAPITAL IMPROVEMENT PLANNING
4.01 Capital Improvement Plan
In order to prepare and plan for upcoming capital needs, comply with debt ratio targets, schedule
debt issuance, and systematically improve capital infrastructure, the County will annually
prepare and adopt a minimum five-year Capital Improvement Plan.
The adopted Capital Improvement Plan will include major capital improvements reasonably
anticipated and identify estimated revenue sources and annual operational costs for facilities
to include anticipated debt service requirements to support the capital investments contemplated.
Capital improvements do not include routine maintenance or replacement of existing capital
assets.
4.02 Pay-As-You-Go Capital Improvement Funding
The County will develop a five year escalation plan to accomplish an annual allocation of an
amount equal to 3% of the General Fund departmental expenditures (excluding transfers out,
grants, fund balance and reserve allocations, debt service, and respective flow-through
expenditures) to “pay-as-you-go” capital improvements annually.
The escalation plan will begin with the FY 15’ adopted budget and shall be increased annually
for the ensuing five (5) year period until the 3% target is achieved.
DEBT
The County Board of Supervisors generally follows the guidelines listed below in making financial
decisions on debt issuance. Adherence to these guidelines allows the County to plan for the
necessary financing of capital projects while maintaining credit worthiness. In addition, continued
adherence to these policies will ensure the County’s strong financial position.
The County shall use an objective analytical approach to determine whether it can afford new or
additional general purpose debt. This process shall use the County’s standards of affordability.
These standards include the measures of debt service payments as a percent of current
expenditures and debt as a percent of taxable real estate value.
5.01 Revenue Anticipation Notes (RANS)
The County does not intend to issue tax or revenue anticipation notes (RANS) to fund government
operations but rather to manage cash in a fashion that will prevent any borrowing to meet working
capital needs.
The County may issue RANS in an extreme emergency beyond the County’s control or ability
to forecast when the revenue source will be received subsequent to the timing of funds needed.
Such issuances will be for a period not to exceed a one year.
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5.02 Bond Anticipation Notes (BANS)
The County may issue Bond Anticipation Notes (BANS) in expectation of the issuance of General
Obligation or Revenue Bonds when cash is required in order to initiate or continue a capital project
or when long-term markets do not appear appropriate but have a clear potential for improvement
within the designated BAN time frame.
The County will not issue Bond Anticipation Notes (BANS) for a period beyond five years. If
the County issues a bond anticipation note for a capital project, the BAN will be converted to a
long-term bond or redeemed at its expiration.
5.03 Letters of Credit
The County may enter into a letter-of-credit (LOC) agreement when such an agreement is deemed
prudent and advantageous. The County will prepare and distribute a request for proposals to
qualified banks which includes terms and conditions that are acceptable to the County.
5.04 Lease Purchase Obligations
Lease purchase and master lease obligations, including certificates of participation or lease revenue
bonds, shall be considered as an alternative to long-term vendor leases. Such debt shall be subject
to annual appropriation.
5.05 Public Private Partnerships
The County recognizes the value of developing public-private partnerships. As such, publicprivate partnership financings that require the County to provide capital or credit enhancement to
a project will be considered in light of the following:





The project is multi-faceted requiring coordinated and/or accelerated development;
The project is non-traditional with mixed use of public and private components;
The project calls for the bundling of design, construction and operation phases; or
There is an urgent need to construct multiple facilities or other public infrastructure
simultaneously to keep pace with a rapidly growing population.
The project has undergone a rigorous cost-benefit analysis by County Staff (or agents
employed by the County for such purpose). If the project ultimately requires County credit
enhancement, such obligations will be evaluated as if debt by the County.
5.06 Compliance with Legal Requirements
Pursuant to the Constitution of Virginia (the Constitution), the County is authorized to issue bonds
secured by a pledge of its full faith and credit and unlimited taxing power. There is no requirement
that the issuance of general obligation bonds be subject to the approval of voters of the County at
referendum. The issuance of general obligation bonds is subject to a constitutional limitation of
ten percent (10%) of the assessed value of taxable real property.
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5.07 Debt Ratio Policy Limitations
Ceiling
Debt as a Percentage of Assessed Value
This ratio indicates the relationship between the
County’s debt and the total taxable value of real and
personal property in the County. It is an important
indicator of the County’s ability to repay debt,
because property taxes are the source of the County’s
revenues used to repay debt. A small ratio is an
indication that the County will be better able to
withstand possible future economic downturns and
continue to meet its debt obligations.
Debt as a Percentage of General Government
Expenditures
This ratio is a measure of the County’s ability to
repay debt without hampering other County services.
A smaller ratio indicates a lesser burden on the
County’s operating budget. The numerator shall
include debt that is not self-supporting from a user fee
or designated revenue stream. A self-supporting
revenue stream is defined as a revenue stream that
provides coverage of all debt service obligations
without general fund support (to include tax
assessment districts and funds supported by
committed state revenues in support of such debt).
Any long term financing lease obligations which may
be subject to annual appropriation by the County will
also be included in the calculations of tax-supported
debt service. General governmental expenditures are
expenditures reported in the County’s governmental
funds (excluding the General Fund Contribution to
Schools and the Capital Projects Fund) and
expenditures reported in the School Operating and
Food Service Funds.
4%
12%
Compliance with the above debt policy ratios will be calculated each fiscal year in conjunction
with the budget development process and provided to Board of Supervisors with the proposed
annual budget.
5.08 Long Term Debt Policy
The County will use debt financing for capital improvement projects and unusual equipment
purchases under the following circumstances:
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A. When the project is included in the County’s capital improvement program and/or is
generally in conformance with the County’s Comprehensive Plan.
B. When the project is not included in the County’s Capital Improvement Program, but it is
an emerging critical need whose timing was not anticipated in the Capital Improvement
Program, or it is a project mandated immediately by state or federal requirements.
C. When the project’s useful life, or the projected service life of the equipment, will be equal
to or exceed the term of the financing.
D. When there are designated revenues sufficient to service the debt, whether from project
revenues, other specified and reserved resources, or infrastructure cost sharing revenues.
The following criteria will be used to evaluate funding options for capital improvements:
A. Factors that favor pay-as-you-go:
1. Current revenues and adequate fund balances are available.
2. Project phasing is feasible.
3. Increased levels would adversely affect the County’s credit rating.
4. Expenditures are considered to be routine and recurring in nature and not appropriate
for debt financing per best financial practices.
5. Financial market conditions are unstable or present difficulties in marketing the sale of
long-term financing investments.
B. Factors that favor long-term financing:
1. Revenues available for debt service are considered sufficient and reliable so that longterm financing can be marketed with the highest possible credit rating.
2. The project for which financing is being considered is of the type that will allow the
County to maintain the highest possible credit rating.
3. Market conditions present favorable interest rates and demand for municipal
financings.
4. A project is mandated by state or federal requirements and current revenues and fund
balances are insufficient to pay project costs.
5. The project is considered to be most appropriate for amortization of costs over the
assets period of life per best financial practices.
6. A project is immediately required to meet or relieve County needs.
There are many different types of long-term debt instruments available. Depending on the
specific circumstances, the County will consider using the following types of financing
instruments:

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



General Obligation Bonds
General Obligation Bonds sold to Virginia Public School Authority for School Capital
Projects
Revenue Bonds
Certificates of Participation
Lease Revenue Bonds
Selected State Pooled-Borrowing Programs for Utility Revenue Bonds, Including Those
of the Virginia Resources Authority
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5.09 Bond Structure
The County shall establish all terms and conditions relating to the issuance of bonds, and will
invest all bond proceeds pursuant to the terms of the County’s Investment Policy. Unless otherwise
authorized by the County, the following shall serve as guidelines:
1. Term. All capital improvements financed through the issuance of debt will be financed
for a period not to exceed the useful life of the improvements, but in no event will the term
exceed thirty (30) years.
2. Capitalized Interest. From time to time certain financings may require the use of
capitalized interest from the issuance date until the County has beneficial use and/or
occupancy of the financed project. Interest shall not be funded (capitalized) beyond three
years or a shorter period if further restricted by law. Interest earnings may, at the County’s
discretion, be applied to extend the term of capitalized interest but in no event beyond the
term allowed by law.
3. Debt Service Structure. Debt issuance shall be planned to achieve relatively equal
payment of principal (declining debt service) while matching debt service to the useful life
of facilities. The County shall avoid the use of bullet or balloon maturities except in those
instances where these maturities serve to make existing overall debt service level or remove
peaks in annual projected debt service payments. The County may elect a less rapid or
other debt service structure, such as level debt service at its discretion.
4. Call Provisions. In general, the County’s debt will include an early redemption (or “call”)
feature, which is no later than 10 years from the date of delivery of the bonds. The County
will avoid the sale of non-callable bonds absent careful, documented evaluation by the
County in conjunction with its financial advisor with respect to the value of the call option.
5. Original Issue Discount. An original issue discount will be permitted if the County
determines that such discount results in a lower true interest cost on the bonds and that the
use of an original issue discount will not adversely affect the project funding.
6. Deep Discount Bonds. Deep discount bonds may provide a lower cost of borrowing in
certain markets. The County will carefully consider their value and effect on any future
refinancing as a result of the lower-than-market coupon associated with deep discount
bonds.
7. Derivative Structures. Alternative, non-traditional financing structures such as
derivatives are becoming more common in the municipal market. Structured properly these
products may provide a means for the County to achieve its goals in a cost effective
manner. The County will consider the use of derivatives as a hedge against future interest
rate risk or to create “synthetic” fixed rate or variable rate debt, when appropriate. The
County will not use derivative structures for speculative or investment purposes. The
County will consider the use of derivative structures when it is able to gain a comparative
borrowing advantage, and is able to quantify and understand potential risks. Prior to the
use of such structures, the County will consider the adoption of a comprehensive Swap and
Derivative Management Plan that is consistent and does not conflict in principle with this
governing policy. Prior to use of a derivative structure, the County will provide written
communication to County Board of Supervisors describing potential risks associated with
each proposed derivative structure.
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5.10 Variable Rate Debt
To maintain a predictable debt service burden, the County may give preference to debt that carries
a fixed interest rate. The County, however, may consider variable rate debt. The percentage of
variable rate debt outstanding (excluding debt which has been converted to synthetic fixed rate
debt) should not exceed 20% of the County’s total outstanding debt and will take into consideration
the amount and investment strategy of the County’s operating cash. The County will consider
issuing variable rate debt to:
a) Match Asset and Liabilities: By issuing variable rate debt the County matches variable
interest rates to its short-term investment assets.
b) Potentially Lower Debt Service Costs: Historically variable interest rates are less than
fixed rate cost of capital.
c) Add Flexibility and Diversity to the County’s Debt Structure: Variable rate bonds are
traditionally callable every 30 days and can generally be refunded on a fixed rate basis to
take advantage of low fixed rates and open up variable rate capacity for higher rate
environments.
In determining its use of variable rate debt, the County will utilize an analysis from the County’s
Financial Advisor evaluating and quantifying the risks and returns involved in the variable rate
financing.
5.11 Refinanced Outstanding Debt
The Director of Finance with assistance from the County’s Financial Advisor will have the
responsibility to analyze outstanding bond issues for refunding opportunities. The County will
consider the following issues when analyzing possible refunding opportunities:
1. Refunding Policy. Except for restructurings discussed below, the County establishes a
minimum aggregate present value savings threshold of 3% of the refunding bond principal
amount. The present value savings will be net of all costs related to the refinancing. Debt
service savings may be taken in equal amounts over time or on an upfront or deferred basis, at
the County’s discretion.
2. Restructuring. The County should refund debt when it is in the best financial interest of the
County to do so. Such refunding will be limited to restructuring to meet unanticipated revenue
expectations, achieve costs savings, mitigate irregular debt service payments, release reserve
funds or remove unduly restrictive bond covenants.
3. Term of Refunding Issues. The County should refund bonds within the term of the originally
issued debt. However, the County may consider maturity extension, when necessary to achieve
a desired outcome, provided that such extension is legally permissible. The County may also
consider shortening the term of the originally issued debt to realize greater savings. The
remaining useful life of the financed facility or equipment and the concept of inter-generational
223
equity should guide this decision.
4. Escrow Structuring. The County should utilize the least costly securities available in
structuring refunding escrows. In the case of open market securities, a certificate will be
provided by a third party agent stating that the securities were procured through an arms-length,
competitive bid process, and that the price paid for the securities was reasonable within Federal
guidelines. Under no circumstances shall an underwriter, agent or financial advisor sell escrow
securities to the County from its own account.
5. Arbitrage. The County should take all necessary steps to optimize escrows and to avoid
negative arbitrage in its refundings. Any resulting positive arbitrage will be rebated as
necessary according to Federal guidelines.
5.12 Methods of Issuance
The County will determine the method of issuance on a case-by-case basis.
1. Competitive Sale. In a competitive sale, the County’s bonds shall be awarded to the bidder
providing the lowest true interest cost as long as the bid adheres to the requirements set
forth in the official note of sale.
2. Negotiated Sale. The County recognizes that some securities are best sold through
negotiation. In its consideration of a negotiated sale, the County shall assess the following
circumstances:
a. Bonds issued as variable rate demand obligations
b. A structure which may require a strong pre-marketing effort such as a complex
transaction or a “story” bond
c. Size of the issue which may limit the number of potential bidders
d. Market volatility is such that the County would be better served by flexibility in timing
a sale in a changing interest rate environment
3. Private Placement. From time to time the County may elect to privately place its debt.
Such placement shall be considered if other methods are not viable or if such placements
provide other tangible benefits to the County.
5.13 Bond Insurance
The County may purchase bond insurance when such purchase is deemed prudent and
advantageous. Use of bond insurance shall be based on such insurance being less costly than the
present value of the difference between the interest on insured bonds versus uninsured bonds.
In the case of a competitive sale, the County may permit bidders for its bonds to purchase bond
insurance if such insurance will enhance the market reception and lower the interest rate on the
County’s bonds. The County will submit an application for pre-qualification for insurance to
facilitate bidders’ ability to purchase bond insurance. The winning bidder in a competitive sale
will bear any associated cost with such enhancement.
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In the instance of a negotiated sale, the County will solicit quotes for bond insurance from
interested providers. The County will select a provider whose bid is most cost effective and whose
terms and conditions governing the guarantee are satisfactory to the County.
5.14 Use of Special Districts
The County may consider using special districts such as Tax Increment Financing Districts,
Community Development Authorities and special taxing districts to finance projects that:






Strengthen the employment and economic base of the County;
Increase property values and tax revenues;
Reduce poverty;
Create economic stability;
Facilitate economic self-sufficiency; or
Assist in implementing the County’s economic development strategies.
Before using such districts, the County will consider the fiscal impact, the market feasibility and
credit implications of the project or district.
5.15 Debt Service Reserves
If necessary, the County may establish a reserve fund funded from bond proceeds, subject to
federal tax regulations and in accordance with the requirements of credit enhancement providers
and/or rating agencies. The County may purchase reserve equivalents (i.e., a reserve fund surety
or letter of credit) when such purchase is deemed prudent and advantageous. Such equivalents
shall be evaluated in comparison to cash funding of reserves on a net present value basis.
5.16 Underwriter Selection
Senior Manager Selection. The County shall select a senior manager for any proposed negotiated
sales. The selection criteria shall include but not be limited to the following:






The firm’s ability and experience in managing transactions similar to that contemplated by
the County
Prior knowledge and experience with the County
The firm’s ability and willingness to risk capital and demonstration of such risk and capital
availability
Quality and experience of personnel assigned to the County’s engagement
Financing plan presented
Underwriting fees
Co-Manager Selection. Co-managers may be selected on the same basis as the senior manager.
In addition to their qualifications, co-managers appointed to specific transactions will be a function
of transaction size and the necessity to ensure maximum distribution of the County’s bonds.
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Selling Groups. The County may establish selling groups in certain transactions. To the extent
that selling groups are used, the Director of Finance at his or her discretion, may make
appointments to selling groups from within the pool of underwriters or from outside the pool, as
the transaction dictates.
Underwriter’s Counsel. In any negotiated sale of County debt in which legal counsel is required
to represent the underwriter, the appointment will be made by the Senior Manager.
Underwriter’s Discount. The Director of Finance with assistance from the County’s financial
advisor will evaluate the proposed underwriter’s discount against comparable issues in the market.
If there are multiple underwriters in the transaction, the Director of Finance will determine the
allocation of underwriting liability and management fees.
The allocation of fees will be determined prior to the sale date; a cap on management fee, expenses
and underwriter’s counsel will be established and communicated to all parties by the Director of
Finance. The senior manager shall submit an itemized list of expenses charged to members of the
underwriting group. Any additional expenses must be substantiated.
Evaluation of Underwriter Performance. The County will evaluate each bond sale after
completion to assess the following: costs of issuance including underwriters’ compensation,
pricing of the bonds in terms of the overall interest cost and on a maturity-by-maturity basis, and
the distribution of bonds and sales credits.
Following each sale, the Director of Finance shall provide a report to the County Administrator
and County Board of Supervisors on the results of the sale.
Syndicate Policies. For each negotiated transaction, the Director of Finance will prepare syndicate
policies that will describe the designation policies governing the upcoming sale. The Director of
Finance
shall ensure receipt of each member’s acknowledgement of the syndicate policies for the upcoming
sale prior to the sale date.
Designation Policies. To encourage the pre-marketing efforts of each member of the underwriting
team, orders for the County’s bonds will be net designated, unless otherwise expressly stated. The
County shall require the senior manager to:



Equitably allocate bonds to other managers and the selling group
Comply with MSRB regulations governing the priority of orders and allocations
Within 10 working days after the sale date, submit to the Director of Finance a detail of
orders, allocations and other relevant information pertaining to the County’s sale.
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5.17 Consultants
Financial Advisor. The County shall select a financial advisor (or advisors) to assist in its debt
issuance and debt administration processes. Selection of the County’s financial advisor(s) shall
be based on, but not limited to, the following criteria:

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Experience in providing consulting services to entities similar to the County
Knowledge and experience in structuring and analyzing bond issues
Experience and reputation of assigned personnel
Fees and expenses
Conflicts of Interest. The County requires that its consultants and advisors provide objective
advice and analysis, maintain the confidentiality of County financial plans, and be free from any
conflicts on interest.
Bond Counsel. County debt will include a written opinion by legal counsel affirming that the
County is authorized to issue the proposed debt, that the County has met all legal requirements
necessary for issuance, and a determination of the proposed debt’s federal income tax status. The
approving opinion and other documents relating to the issuance of debt will be prepared by counsel
with extensive experience in public finance and tax issues. The Bond Counsel will be selected by
the County.
Disclosure by Financing Team Members. All financing team members will be required to
provide full and complete disclosure, relative to potential conflicts of interest arising from
agreements with other financing team members and outside parties. The extent of disclosure may
vary depending on the nature of the transaction. However, in general terms, no agreements shall
be permitted which could compromise the firm’s ability to provide independent advice which is
solely in the County’s best interests or which could reasonably be perceived as a conflict of
interest.
5.18 County Financial Disclosure
The County is committed to full and complete financial disclosure, and to cooperating fully with
rating agencies, institutional and individual investors, County departments, and the general public
to share clear, comprehensive, and accurate financial information. The County is committed to
meeting secondary market disclosure requirements on a timely and comprehensive basis.
DEBT POST-ISSUANCE COMPLIANCE
6.01 Purpose
This Post-Issuance Compliance Policy is designed to monitor the post-issuance compliance of taxfavored obligations (the “Obligations”) issued by the County of Isle of Wight, Virginia (the
“County”) and the use of the property financed or refinanced thereby (the “Financed Property”)
with (a) the applicable provisions of the Internal Revenue Code of 1986, as amended (the “Code”),
and the regulations promulgated thereunder (the “Treasury Regulations”) and (b) certain securities
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law-related contractual obligations of the County to make continuing disclosure (the “Continuing
Disclosure Requirements”).
This Policy documents existing practices and describes various procedures and systems designed
to identify on a timely basis facts relevant to demonstrating compliance with the post-issuance
requirements so that the Obligations will maintain their federal tax status and the County will
continue to be able to contract with investment banking firms to underwrite its Obligations. The
County recognizes that compliance with applicable provisions of the Code and Treasury
Regulations and the Continuing Disclosure Requirements is an on-going process, necessary during
the entire term of the Obligations and beyond, and is an integral component of the County’s debt
management. Accordingly, the analysis of those facts and implementation of this Policy will
require on-going monitoring, and may entail consultation by the County's Department of Finance
staff (the “Finance Staff”) with the County’s bond counsel and financial advisor beyond the scope
of their initial engagements with respect to the issuance of particular Obligations.
This Policy also sets forth procedures for ensuring and documenting the County’s compliance with
the other financial covenants contained in the documents pursuant to which the County issues and
sells its Obligations.
The specific post-issuance compliance procedures addressed in this Policy are not intended to be
exhaustive, and additional procedures may be identified in or added by the indentures, loan or
financing agreements and Continuing Disclosure Agreements entered into by the County or the
non-arbitrage certificate, federal tax compliance agreement or similar document prepared for each
separate issue of Obligations (a “Tax Certificate”) or by Finance Staff in consultation with the
County’s bond counsel and financial advisor.
____________________

For purposes of the Policy, tax-favored obligations shall include (a) obligations the interest on which is excludable from gross
income for federal income tax purposes pursuant to Code Section 103, and (b) obligations the interest on which is not excludable
from gross income for federal income tax purposes, but which the Code otherwise requires to satisfy requirements applicable to
tax-exempt obligations. Examples of obligations described in clause (b) include “Build America Bonds” issued under Code Section
54AA and obligations issued to “conduit issuers” of Obligations for the County’s benefit, such as the Virginia Resources Authority,
the Virginia Public School Authority and the Industrial Development Authority of the County of Isle of Wight.
6.02 General Policy and Procedures
Section 1. Compliance Officer.
A. The compliance officer responsible for implementing this Policy on behalf of the County
will be the County’s Finance Director (the “Compliance Officer”). The Compliance Officer
may designate other personnel from the Finance Staff and, with the consent of the County
Administrator, from other County departments as may be necessary to carry out this Policy.
B. At such time as a new Compliance Officer is designated, the County or the departing
Compliance Officer will ensure that the successor is fully briefed as to the status of each
outstanding issue of Obligations and the records relating to such Obligations, and that the
successor receives training and consultation with the County’s bond counsel and financial
advisor as to the duties of the Compliance Officer under this Policy.
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Section 2. General Responsibilities of Compliance Officer.
A. The Compliance Officer shall maintain and, not less frequently than annually, reconcile a
schedule of all outstanding debt of the County, including all outstanding Obligations (the
“Outstanding Debt Schedule”).
B. The Compliance Officer shall maintain a calendar (the “Compliance Calendar”) of the
principal and interest payment dates and the due dates of all required certifications, reports,
filings and other actions with respect to each outstanding issue of Obligations. The
Compliance Officer shall review and update the Compliance Calendar at least annually to
reflect any changes in due dates, the addition or deletion of required actions, and new issues
of Obligations.
Section 3. “Intake” Procedures for Each Issue of Obligations.
A. By not later than 90 days after the issue date of each separate issue of Obligations, the
Compliance Officer shall:
1.
Obtain from the County’s bond counsel and store a closing binder and/or CD or
other electronic copy of the relevant and customary transaction documents, which
shall at a minimum include a complete copy of the executed Tax Certificate and,
if applicable, the Continuing Disclosure Agreement (“CDA”).
2.
Confirm that the County’s bond counsel has timely filed each applicable
information report (e.g., IRS Form 8038-G or 8038-B) for such issue with the
IRS, the Commonwealth or other applicable federal or state entity.
B. By not later than the June 30 next succeeding the issue date of each separate issue of
Obligations, the Compliance Officer shall:
1.
Add such Obligations to, and otherwise reconcile, the Outstanding Debt Schedule.
2.
Add to the Compliance Calendar the applicable due dates for and other pertinent
information about such Obligations.
Section 4. Compliance Checklist.
A. The Compliance Officer shall conduct periodic reviews, at least annually on or about
June 30 of each year, or more often as may be necessary, to determine that each issue of
Obligations remains in compliance with all post-issuance compliance procedures,
including without limitation those set forth in this Policy. The Compliance Officer shall
refer to the Post-Issuance Compliance Checklist (the “Compliance Checklist”) in
conducting each such review, which Compliance Checklist is attached hereto as
Attachment A.
B. At least annually, the Compliance Officer shall request the County’s bond counsel to review
and propose updates to the Compliance Checklist and this Policy with the goal of ensuring
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that the Compliance Checklist and this Policy reflect the current provisions of the Code and
Treasury Regulations and the securities laws.
6.03 Post-Issuance Tax Compliance
Section 1. Arbitrage. The Compliance Officer shall:
A. On not less than a quarterly basis, prepare schedules to track the uses of the proceeds of
each issue of new-money Obligations and draw the proceeds out of the appropriate project
accounts to pay the qualifying costs of the Financed Property or to reimburse the County
for its payment of such costs.
B. Obtain a computation of the yield on each issue of Obligations from the County’s financial
advisor or other relevant third party (for example, the underwriter of such obligations, the
State Non Arbitrage Program (“SNAP”), or other outside arbitrage rebate specialist) and
maintain a system for tracking investment earnings.
C. Maintain a procedure for the allocation of sale and investment proceeds of each issue of
new-money obligations and other available funds to expenditures to pay or reimburse the
costs of the applicable Financed Property, including the reimbursement of pre-issuance
expenditures. The Compliance Officer shall allocate such proceeds and other amounts by
the use of any reasonable, consistently applied accounting method and in accordance with
the Tax Certificate for the particular issue of Obligations. The Compliance Officer shall
make consistent allocations with respect to such proceeds and other amounts and
expenditures for purposes of (i) Code Section 141 (relating to the private activity bond
tests), and (ii) Code Section 148 of the Code (relating to the arbitrage yield restriction and
rebate requirements), to the extent applicable. The Compliance Officer shall at all times
maintain books and records sufficient to establish the accounting method chosen for the
particular Obligations and will, unless otherwise provided in a particular Tax Certificate,
account in writing in such books and records for the allocation of the proceeds and other
amounts to each expenditure by the date not later than 18 months after the later of (i) the
expenditure is paid or (ii) the date the respective Financed Property is placed in service;
provided, however, that such accounting must be made in any event by the date 60 days
after the fifth anniversary of the issue date of the Obligations or, if earlier, the date 60 days
after the retirement of the Obligations. The County acknowledges that the Treasury
Regulations provide if the County fails to maintain books and records sufficient to establish
the accounting method for an issue of Obligations and the allocation of the proceeds of that
issue, the allocation and accounting rules of Code Sections 141 and 148 will be applied
using the specific tracing method.
D. Monitor compliance with the applicable “temporary period” (as defined in the Code and
Treasury Regulations) exceptions for the expenditure of proceeds of the issue, and provide
for yield restriction on the investment of such proceeds if such exceptions are not satisfied.
E. Coordinate with the bond counsel, financial advisor and the County Treasurer to ensure
that investments acquired with proceeds of each issue of Obligations are purchased at fair
market value. For the purposes of this Policy, “fair market value” means the price at which
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a willing buyer would purchase an investment from a willing seller in a bona fide, arm'slength transaction. Fair market value generally is determined on the date on which a
contract to purchase or sell an investment becomes binding (that is, the trade date rather
than the settlement date). An investment that is not of a type traded on an established
securities market (within the meaning of Code Section 1273) is rebuttably presumed to be
acquired or disposed of for a price that is not equal to its fair market value. Such
presumption may be overcome as provided in the Treasury Regulations for certificates of
deposit, guaranteed investment contracts and open-market defeasance investments. The
fair market value of a United States Treasury obligation that is purchased directly from the
United States Treasury (for example, a United States Treasury Obligation of the State and
Local Government Series (“SLGS”) is its purchase price.
F. Coordinate with bond counsel, financial advisor and the County Treasurer to avoid formal
or informal creation of funds reasonably expected to be used to pay debt service on an issue
of Obligations without determining in advance whether such funds must be invested at a
restricted yield.
G. Consult with bond counsel and financial advisor prior to engaging in any post-issuance
credit enhancement transactions (for example, the procurement or modification of bond
insurance policies or letters of credit) or hedging transactions (for example, the
procurement or modification of interest rate swaps or caps) to ensure that such transactions
comply with the applicable provisions of federal tax law and the County’s general debt
management policies.
H. Coordinate with bond counsel and financial advisor to identify situations in which
compliance with applicable yield restrictions depends upon later investments (for example,
refunding escrow
funds requiring reinvestments in zero percent SLGS) and monitor the implementation of
any such restrictions.
I. Coordinate with the bond counsel and financial advisor to monitor compliance with the
six-month, 18-month or 2-year spending exceptions to the rebate requirement, as
applicable.
J. Coordinate with SNAP or other outside arbitrage rebate specialist to arrange, as applicable,
for timely computation of rebate liability and, if rebate is due, for timely filing of IRS
Form 8038-T and to arrange payment of such rebate liability.
K. Arrange for timely computation and payment of “yield reduction payments” (as such term
is defined in the Code and Treasury Regulations), if applicable.
L. In the case of any issue of refunding Obligations, (i) coordinate with the County’s bond
counsel, financial advisor, the bond trustee, if any, and any escrow agent to arrange for the
purchase of the refunding escrow securities, (ii) obtain a computation of the yield on such
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escrow securities from an outside arbitrage rebate specialist and (iii) monitor compliance
with applicable yield restrictions.
Section 2. Private Business Use Restrictions.
The Compliance Officer shall:
A. Maintain records determining and tracking which specific issues of Obligations financed
or refinanced which Financed Property and in what amounts.
B. Maintain records, which should be consistent with those used for arbitrage purposes as
described in Section 1.C., to allocate the sale and investment proceeds of each issue of
new-money Obligations and other available funds to expenditures to acquire, construct or
renovate the Financed Property, including the reimbursement of pre-issuance expenditures.
C. Monitor any Private Business Use of Financed Property to ensure compliance with
applicable percentage limitations. “Private Business Use” is defined in Attachment B
hereto.
D. Consult with bond counsel as to any possible Private Business Use of Financed Property.
E. Obtain annually, certifications from all department directors (including the appropriate
officer or officers of Isle of Wight Public Schools) who are responsible for the expenditure
of the proceeds of each issue of Obligations and/or the administration of Financed Property
to help ensure that the proceeds have been expended for appropriate tax-exempt
governmental purposes and any Private Business Use of Financed Property is within the
applicable limits under the Code and the Treasury Regulations. See Attachment C for
examples of such certification.
F. All leases, management agreements and other arrangements affecting Financed Property
that are to be entered into by the County and a Nongovernmental Person (as defined in
Attachment B) will be routed to the Compliance Officer. The Compliance Officer will
review such agreements and consult with bond counsel to determine whether and to what
extent Private Business Use of Financed Property will result and whether remedial actions
under the Treasury Regulations or other IRS procedures are warranted.
Section 3. Reissuance.
The Compliance Officer shall:
A. Consult with bond counsel regarding any post-issuance change to any terms of an issue of
Obligations which could potentially be treated as a reissuance for federal tax purposes.
B. Confirm with bond counsel whether any “remedial action” in connection with a “change
in use” (as such terms are defined in the Code and Treasury Regulations) would be treated
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as a reissuance for federal tax purposes, and if so, confirm the filing of any new IRS
Form 8038-G.
C. Confirm with bond counsel whether the reissuance will trigger the need to perform a final
arbitrage rebate computation on the reissued Obligations.
6.04 Continuing Disclosure Requirements and Other Covenants
Section 1. The Compliance Officer shall:
A. Maintain a checklist of the Continuing Disclosure Requirements for each series of
Obligations to comply with the County's continuing disclosure obligations and the
provisions of Rule 15c2-12 promulgated by the Securities and Exchange Commission in
the applicable CDA (or similar agreement). See Attachment D for this checklist.
B. Identify issues for which the County is obligated to provide continuing disclosure but may
not pay debt service on the related debt obligations (i.e., Industrial Development Authority
bonds).
C. Annually provide the financial information and operating data described in Attachment D
within the time frame specified in each CDA (or similar agreement) to the Municipal
Securities Rulemaking Board (“MSRB”), in an electronic format as prescribed by the
MSRB.
D. Monitor the issuances of the County for any of the items listed as Event Disclosures in
Attachment D. In the event that any of the listed events occur the Compliance Officer
will provide to the MSRB in a timely manner and in a format as prescribed by in the CDA.
E. Monitor compliance with reporting or disclosure covenants specified in the financing
documents of an issue of Obligations (e.g., no default certificates, annual financial reports).
These covenants, and the issuances they are applicable to are listed in Attachment D as
“Other Covenants.”
F. Monitor events in the County and the financial markets to determine whether to make
voluntary disclosures to MSRB. Voluntary disclosures can be made to MSRB if
information might be considered useful to potential investors or if the County wants to
provide additional information related to an issue of Obligations and the Financed Property
related thereto.
G. Monitor press releases and other informal disclosures made by County officials that relate
to Financed Property or Obligations to ensure that such information (i) does not misstate
or omit a material fact and (ii) is not misleading. The Compliance Officer may file a press
release as a voluntary disclosure. The Compliance Officer should meet not less than
annually with the County's media relations staff (and other departments that publish
information) to ensure compliance with federal securities anti-fraud rules.
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H. When preparing for a new issue of Obligations, the Compliance Officer should meet with
the personnel in each department responsible for providing information disclosed in the
County's offering materials (i.e., the Official Statement) and coordinate the review of the
existing disclosure as well as updating of the disclosure and determining whether any
additional information should be included. Information should be added to the existing
disclosure if such information is material (meaning that investors would want to know
about it) or its omission would cause the existing disclosure to be misleading.
6.05 Record Retention
Section 1. The Compliance Officer shall:
A. Maintain sufficient records to ensure that each issue of Obligations remains in compliance
with the applicable federal tax requirements, Continuing Disclosure Requirements and
Other Covenants for the life of such issue.
B. Comply with federal and state law provisions imposing specific recordkeeping
requirements.
C. Generally maintain the following:
1. Basic records relating to each issue of Obligations (e.g., bound bond transcripts,
supplemental indenture, loan agreement, the CDA, the Tax Certificate and the bond
counsel opinion);
2. Documentation evidencing expenditure and allocation of proceeds of the issue;
3. Documentation regarding the types of the Financed Property financed or refinanced by
the issue, including, but not limited to, whether such property includes land, buildings
or equipment, economic life calculations and information regarding depreciation. This
property will be tracked in the financial system of the County as Capital Assets. The
funding source of the property will be noted in the financial system and on all
supporting documentation as tax-exempt financing, with documentation in the file that
will show what individual issuance (s) financed the property;
4. Documentation evidencing use of Financed Property by Nongovernmental Persons and
Governmental Persons (as defined in Attachment B) (for example, copies of leases,
management contracts and research agreements);
5. Documentation evidencing all sources of payment or security for the issue;
6. All Rebate amount Certificates, supporting documentation, rebate and yield reduction
calculations and payments, and forms 8038-T;
7. Documentation pertaining to any investment of proceeds of the issue (including the
purchase and sale of securities, SLGs subscriptions, yield calculations for each class of
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investments, actual investment income received by the investment of proceeds,
guaranteed investment contracts, and rebate calculations);
8. Copies of each filing made by the County pursuant to the Continuing Disclosure
Requirements; and
9. Documentation evidencing the County’s compliance with the Other Covenants.
Section 2. Record Retention Duration and Format.
A. Keep all material records for so long as the issue is outstanding, plus three years after the
final maturity or redemption of such issue and any bonds issued to refund such issue in
whole or in part.
B. Electronic media will be the preferred method for storage of all documents and other
records related to Obligations and compliance with the Policy maintained by Finance Staff
under the direction of the Finance Director. In maintaining such electronic storage, the
Finance Director will ensure compliance with applicable IRS requirements, such as those
contained in IRS Revenue Procedure 97-22.
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ATTACHMENT A
POST-ISSUANCE COMPLIANCE CHECKLIST
Name of Issue:
Issue Date:
Review Date:

General Procedure
o If different persons are responsible for different aspects of post-issuance
compliance for this issue of Obligations, for example the investment of the proceeds
and the expenditure of bond proceeds on projects, has the Compliance Officer
coordinated record-keeping and review?
o Has this issue of Obligations been entered on the Outstanding Debt Schedule? Is
the information current?
o Has the County obtained and does it still have the closing transcript for this issue
of Obligations assembled by the County’s bond counsel?
o Has the Compliance Calendar been updated to reflect the due dates and other
pertinent information for this issue of Obligations?

Record Retention
o General Recordkeeping
 Is the County maintaining copies of the following?
 Federal tax or information returns
 Audited financial statements
 Trustee or paying agent statements regarding the bond financing
 Records of investment of bond proceeds and earnings
 Correspondence related to the bond financing
 Reports of any IRS examinations of your entity or bond financings
 Investment contracts
 Credit enhancement transactions
 Financial derivatives
 Bidding of financial products
o Expenditures and Assets
 Records documenting the allocation of proceeds and other available
amounts to expenditures for Financed Property and bond issuance
costs, including requisitions, draw schedules, draw requests,
invoices, bills and cancelled checks
 Contracts entered into for the construction, renovation or purchase
of Financed Property

Records of expenditure reimbursements incurred prior to issuing the
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Obligations
 Asset list or schedule of all Financed Property
 Depreciation schedules for depreciable Financed Property
 Records documenting all purchases and sales of Financed Property
o Private Business Use (related to Financed Property)
 Management and other service agreements
 Research contracts
 Naming rights contracts
 Ownership documentation (e.g. deeds, mortgages)
 Leases
 Subleases
 Leasehold improvement contracts
 Joint venture arrangements
 Limited liability corporation arrangements
 Partnership arrangements


Has the County obtained Department Director Certificates for all of the
Financed Property?
Arbitrage—does the County have documentary evidence that it has
o Chosen and followed an accounting method with respect to the sale and investment
proceeds of the issue of Obligations and the investment and expenditure of such
proceeds?
o Obtained computation of “yield” of the issue and established and followed
procedures to track investment returns and arbitrage rebate and yield reduction
payment liability?
o Established procedures for allocation of proceeds and other available amounts to
expenditures for Financed Property, including reimbursement of pre-issuance
expenditures?
o Monitored compliance with “temporary period” expectations for expenditure of
proceeds, typically three years for new money Obligations, and provided for yield
restriction or yield reduction payments if the expectations are not satisfied?
o Ensured that investments acquired with proceeds are purchased at fair market value,
including through the use of bidding procedures under regulatory safe harbors?
o Avoided formal or informal creation of funds reasonably expected to be used to pay
debt service on Obligations without determining in advance whether such funds
must be invested at restricted yield?
o Consulted with bond counsel and financial advisor before engaging in postissuance credit enhancement transactions or hedging transactions?
o Ensured compliance with applicable yield restrictions dependent upon later
investments?
o Monitored compliance with 6-month, 18-month, or 2-year spending exceptions
to rebate requirement, if applicable?
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o Arranged for the timely computation of rebate and yield reduction payment liability
(normally at five-year intervals) and, if payable, for the timely filing of Form 8038-T
and payment of such liability?

Reissuance—does the County have documentary evidence that it has
o Identified any post-issuance changes to terms of the Obligations which could be
treated as a current refunding of “old” Obligations by “new” Obligations, which is
often referred to as a “reissuance?”
o Confirmed whether any “remedial action” in connection with a “change of use”
must be treated as a “reissuance?”

Remedial Action—does the County have documentary evidence that it has monitored the
use of the proceeds of this issue of Obligations and the use of the Financed Property and,
if there is or will be Private Business Use or unqualified use, that the County has or will
undertake remedial action under the applicable provisions of the Code and Treasury
Regulations, including, without limitation, redemption or defeasance of the Obligations or
the expenditure of any disposition proceeds on other qualifying projects?
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ATTACHMENT B
DEFINITIONS OF PRIVATE BUSINESS USE AND RELATED TERMS
"Federal Government" means the government of the United States or any of its agencies
or instrumentalities, including any entity with statutory authority to borrow from the United States.
"General Public Use" means use of Financed Property as a member of the general public.
Use by a Nongovernmental Person in a Trade or Business is treated as General Public Use only if
the property is intended to be available and in fact is reasonably available for use on the same basis
by natural persons not engaged in a Trade or Business. Use under arrangements that convey
priority rights or other preferential benefits is not use on the same basis as the general public.
"Governmental Person" means any Person that is a state or local governmental unit (or
any instrumentality thereof).
"Nongovernmental Person" means any Person that is not a Governmental Person. For
all purposes hereof, the Federal Government is a Nongovernmental Person.
"Person" means any natural person, firm, joint venture, association, partnership, business
trust, corporation, limited liability company, corporation or partnership, or any other entity
(including a federal, state or local governmental entity).
"Private Business Use" means a use of the Proceeds directly or indirectly in a Trade or
Business carried on by a Nongovernmental Person other than General Public Use. For all purposes
hereof, a Private Business Use of Financed Property is treated as a Private Business Use of the
Proceeds that provided the Financed Property. Both actual and beneficial use by a
Nongovernmental Person may be treated as Private Business Use under Code Section 141. In
most cases, however, Private Business Use results from a Nongovernmental Person having special
legal entitlements to use the Financed Property under an arrangement with the County. Examples
of the types of special legal entitlements resulting in Private Business Use of Proceeds include
ownership for federal tax purposes of Financed Property by a Nongovernmental Person and actual
or beneficial use of Financed Property by a Nongovernmental Person pursuant to a lease, a Service
Contract, an incentive payment contract or certain other arrangements such as a take-or-pay or
other output-type contract. Any arrangement that is properly characterized as a lease for federal
income tax purposes is treated as a lease for purposes of the Private Business Use analysis. An
arrangement that is referred to as a management contract or a Service Contract may nevertheless
be treated as a lease, and in determining whether such a contract is properly characterized as a
lease, it is necessary to consider all of the facts and circumstances, including (i) the degree of
control over the property that is exercised by a Nongovernmental Person, and (ii) whether a
Nongovernmental Person bears risk of loss of the Financed Property. Private Business Use of
Financed Property that is not available for General Public Use may also be established on the basis
of a special economic benefit to one or more Nongovernmental Persons even if such
Nongovernmental Persons do
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not have a special legal entitlement to the use of the Financed Property. In determining whether
special economic benefit gives rise to Private Business Use, it is necessary to consider all of the
facts and circumstances, including one or more of the following factors: (i) whether the Financed
Property is functionally related or physically proximate to property used in the Trade or Business
of a Nongovernmental Person, (ii) whether only a small number of Nongovernmental Persons
receive the economic benefit, and (iii) whether the cost of the Financed Property is treated as
depreciable by the Nongovernmental Person.
"Revenue Procedure 97-13" means Revenue Procedure 97-13, as modified by Revenue
Procedure 2001-39, copies of which are attached hereto as Annex 1.
"Service Contract" means a contract under which a Nongovernmental Person will
provide services involving all, a portion or any function of Financed Property. For example, a
Service Contract includes a contract for the provision of management services for all or any portion
of the Financed Property. Contracts for services that are solely incidental to the primary
governmental function or functions of the Financed Property (for example, contracts for janitorial,
office equipment repair, billing, or similar services) are not included in this definition. Additional
contracts not included in this definition are (i) a contract to provide for services by a
Nongovernmental Person if the only compensation is the reimbursement of the Nongovernmental
Person for actual and direct expenses paid by the Nongovernmental Person to unrelated parties,
(ii) a contract to provide for the operations by a Nongovernmental Person of a facility or system
of facilities that consists predominately of public utility property (within the meaning of Section
168(i)(10) of the Code), if the only compensation is the reimbursement of actual and direct
expenses of the Nongovernmental Person and reasonable administrative overhead expenses of the
Nongovernmental Person and (iii) a contract that satisfies the requirements of Revenue Procedure
97-13.
"Trade or Business" means any activity carried on by a Person, except for a natural
person. "Trade or Business" for a natural person means any activity carried on by such natural
person that constitutes a "trade or business" within the meaning of Code Section 162.
240
ATTACHMENT C
FORMS OF DEPARTMENT DIRECTOR CERTIFICATES
COUNTY OF ISLE OF WIGHT, VIRGINIA
FORM 1 - ANNUAL TAX CERTIFICATION OF DEPARTMENT DIRECTOR
I am the [_______] of the Department of ______ (the “Department”) of the County of Isle
of Wight (the “County”). I understand that the County finances the acquisition, construction and
equipping of most of its land, building, equipment and vehicles, including those used and/or
administered by the Department (the “Department Property”), with the proceeds of tax-exempt
bonds.
I understand that the County has been advised that, in order for its tax-exempt bonds to
maintain their status, the County must comply on a continuing basis with a number of provisions
in the Internal Revenue Code. One such provision is the “private business use test,” which is
designed to limit the transfer of the benefits of tax-exempt bond financing to nongovernmental
persons. The private business use test restricts any use of tax-exempt bond-financed property by
nongovernmental persons on a basis other than the basis on which the property may be used by
the general public.
The County Board has adopted a Post-Issuance Compliance Policy requiring, among other
things, that the director of each County Department certify annually regarding the extent and nature
of any private business use of the property used and/or administered by the Department. The
County Attorney, chief legal counsel, has employed bond counsel to advise the County’s
Department of Finance and the County Attorney whether any such use presents a threat to the tax
status of any of the County’s tax-exempt bonds.
Certain terms used in this certificate are defined in the attached Appendix A.
I hereby certify that, during the County’s fiscal year ended ________, 20__, and through
the date of this certificate (the “Covered Period”):
1.
No portion of the Department Property was titled to or owned by any nongovernmental
person and there are no current plans to transfer the title to or ownership of any Department
Property to any nongovernmental person. Yes___ No___ If no, please describe and
include
any
pertinent
agreements
or
documents:_____________________________________________.
2.
No portion of the Department Property is or will be treated by any nongovernmental person
as depreciable for federal income tax purposes. Yes___ No___ If no, please describe and
include
any
pertinent
agreements
or
documents:_____________________________________________.
3.
No portion of the Department Property is being used by a nongovernmental person
pursuant to a lease, an incentive payment contract or a take-or-pay or other output-type
contract. Yes___
241
No___
If no, please describe and include any pertinent agreements or
documents:_____________________________________________.
4.
No portion or function of any of the Department Property is being used pursuant to or is
otherwise subject to a management contract. Yes___ No___ If no, please describe and
include
any
pertinent
agreements
or
documents:__________________________________.
5.
No portion of the Department Property is being used for research pursuant to an agreement
by a nongovernmental person to sponsor such research. Yes___ No___ If no, please
describe
and
include
any
pertinent
agreements
or
documents:__________________________________.
6.
No nongovernmental person is using any of the Department Property or any product or
output thereof (for example, treated water) or service provided thereby (for example, the
use of a meeting room in a library or exercise equipment in a community center) other than
pursuant to generally applicable and uniformly applied rates, fees and charges? Yes___
No___
If no, please describe and include any pertinent agreements or
documents:_______________________________________.
7.
There are no arrangements or agreements pursuant to which a nongovernmental person—
a. Has priority or other preferential rights to the use or capacity of any Department
Property;
b. Has the right to control or benefit from rates, fees or charges imposed by the
County for the use of any Department Property; or
c. Has the right to a term of use of any Department Property, including all renewal
options, for a period of more than 200 days.
Yes___ No___ If no, please describe and include any pertinent agreements or
documents:__________________________________.
Date: __________, ____
By:
Printed Name:
Title:
242
ATTACHMENT C
FORM 1 - APPENDIX A
The term “management contract” means a contract under which a nongovernmental person
will provide services involving all, a portion or any function of the Department Property. For
example, a management contract includes a contract for the provision of management services for
all or any portion of the Department Property.
The term “nongovernmental person” means any person other than the County or other state
or local governmental unit. The federal government and its agencies and instrumentalities are
nongovernmental units.
The term “person” means any natural person, firm, joint venture, association, partnership,
business trust, corporation, limited liability company, corporation or partnership, or any other
entity (including a federal, state or local governmental entity).
Rates, fees and charges may be treated as “generally applicable and uniformly applied”
even if different rates apply to different classes of users, such as volume purchasers, if the
differences in the rates, fees and charges are customary and reasonable.
243
ATTACHMENT C
FORMS OF DEPARTMENT DIRECTOR CERTIFICATES
COUNTY OF ISLE OF WIGHT, VIRGINIA
FORM 2 - ANNUAL TAX CERTIFICATION OF DEPARTMENT DIRECTOR
[ISLE OF WIGHT PUBLIC SCHOOLS]
I am the Executive Director of Finance for Isle of Wight Public Schools. I understand that
the County finances the acquisition, construction and equipping of most of its land, building,
equipment and vehicles, including those used and/or administered by the Isle of Wight County
School Board with the proceeds of tax-exempt bonds.
I understand that the County has been advised that, in order for its tax-exempt bonds to
maintain their status, the County must comply on a continuing basis with a number of provisions
in the Internal Revenue Code. One such provision is the “private business use test,” which is
designed to limit the transfer of the benefits of tax-exempt bond financing to nongovernmental
persons. The private business use test restricts any use of tax-exempt bond-financed property by
nongovernmental persons on a basis other than the basis on which the property may be used by
the general public.
The County Board has adopted a Post-Issuance Compliance Policy requiring, among other
things that the Executive Director of Finance for Isle of Wight Public Schools certify annually
regarding the extent and nature of any private business use of the property used and/or
administered by the Isle of Wight County School Board. The County Attorney, chief legal counsel,
pursuant to the County Charter has employed bond counsel to advise the County’s Department of
Finance and the County Attorney whether any such use presents a threat to the tax status of any of
the County’s tax-exempt bonds.
Certain terms used in this certificate are defined in the attached Appendix A.
I hereby certify that, during the County’s fiscal year ended ________, 20__, and through
the date of this certificate (the “Covered Period”):
1.
No portion of School Board Property was titled to or owned by any nongovernmental
person and there are no current plans to transfer the title to or ownership of any School
Board Property to any nongovernmental person. Yes___ No___ If no, please describe and
include
any
pertinent
agreements
or
documents:_____________________________________________.
2.
No portion of School Board Property is or will be treated by any nongovernmental person
as depreciable for federal income tax purposes. Yes___ No___ If no, please describe and
include
any
pertinent
agreements
or
documents:_____________________________________________.
No portion of School Board Property is being used by a nongovernmental person pursuant
to a lease, an incentive payment contract or a take-or-pay or other output-type contract.
3.
244
documents:_____________________________________________.
4.
No portion or function of any of School Board Property is being used pursuant to or is
otherwise subject to a management contract. Yes___ No___ If no, please describe and
include
any
pertinent
agreements
or
documents:__________________________________.
5.
No portion of School Board Property is being used for research pursuant to an agreement
by a nongovernmental person to sponsor such research. Yes___ No___ If no, please
describe
and
include
any
pertinent
agreements
or
documents:__________________________________.
6.
No nongovernmental person is using any School Board Property or any product or output
thereof (for example, treated water) or service provided thereby (for example, the use of a
meeting room in a library or exercise equipment in a community center) other than pursuant
to generally applicable and uniformly applied rates, fees and charges? Yes___ No___ If
no,
please
describe
and
include
any
pertinent
agreements
or
documents:_______________________________________.
7.
There are no arrangements or agreements pursuant to which a nongovernmental person—
a. Has priority or other preferential rights to the use or capacity of any School Board
Property;
b. Has the right to control or benefit from rates, fees or charges imposed by the
County for the use of any School Board Property; or
c. Has the right to a term of use of any School Board Property, including all renewal
options, for a period of more than 200 days.
documents:__________________________________.
Date: __________, ____
By:
Printed Name:
Title:
245
ATTACHMENT C
FORM 2 - APPENDIX A
The term “management contract” means a contract under which a nongovernmental
person will provide services involving all, a portion or any function of School Board Property.
For example, a management contract includes a contract for the provision of management
services for all or any portion of School Board Property.
The term “nongovernmental person” means any person other than the County or other
state or local governmental unit. The federal government and its agencies and instrumentalities
are nongovernmental units.
The term “person” means any natural person, firm, joint venture, association, partnership,
business trust, corporation, limited liability company, corporation or partnership, or any other
entity (including a federal, state or local governmental entity).
Rates, fees and charges may be treated as “generally applicable and uniformly applied”
even if different rates apply to different classes of users, such as volume purchasers, if the
differences in the rates, fees and charges are customary and reasonable.
246
ATTACHMENT D
CONTINUING DISCLOSURE CHECKLIST
Disclosure Requirements
1.
Document
Reference
Reporting
Deadline
Affected
Responsible
Obligations
Party
Rule 15c2-12 Requirements
(a)
Annual Financial Information
Continuing
Disclosure
Agreement
240 days
from end of
fiscal year
Continuing
Disclosure
Agreement
Promptly
after
becoming
aware
(i) Annual Report / financial
statements (i.e., CAFR)
(ii) specified operating data (see
attached form letter)
(b) Event Disclosures for
Obligations issued before December 1,
2010, only if material
(i) principal and interest
payment delinquencies
(ii)
non-payment related
defaults
(iii) unscheduled draws on
debt service reserves reflecting financial
difficulties
(iv) unscheduled draws on
credit enhancements reflecting financial
difficulties
(v) substitution of credit or
liquidity providers, or their failure to
perform
(vi) adverse tax opinions or
events affecting the tax-favored status of
the security
(vii) modifications to the rights
of security holders
(viii) bond calls
(ix)
defeasances
247
Document
Reference
Reporting
Deadline
Affected
Responsible
Obligations
Party
(x) release, substitution or
sale of property securing repayment of the
securities
(xi) ratings changes
(c) Event Disclosures for
Obligations issued after December 1, 2010
Continuing
Disclosure
Agreement
Timely
after
becoming
aware, not
less than 10
business
days
(i) principal and interest
payment delinquencies
(ii) non-payment related
defaults, if materials
(iii) unscheduled draws on
debt service reserves reflecting financial
difficulties
(iv) unscheduled draws on
credit enhancements reflecting financial
difficulties
(v) substitution of credit or
liquidity providers, or their failure to
perform
(vi) adverse tax opinions, the
issuance by the IRS of proposed or final
determinations of taxability, Notices of
Proposed Issue (IRS Form 5701-TEB) or
other material notices or determinations
with respect to the tax status of the security
or other material events affecting the tax
status of the security
(vii) modifications to the rights
of security holders, if material
(viii) bond calls
(ix)
defeasances
248
Document
Reference
Reporting
Deadline
Affected
Responsible
Obligations
Party
(x) release, substitution or
sale of property securing repayment of the
securities, if material
(xi) ratings changes
(xii) bankruptcy, insolvency,
receivership or similar event of the County
(xiii) the merger, consolidation
or acquisition involving the County or the
sale of all or substantially all of the assets
of the County, other than in the ordinary
course or the entry into a definitive
agreement to do any of the foregoing, if
material
(xiv) appointment of a
successor or additional trustee or the
change of name of a trustee, if material
2.
Voluntary Disclosure of any facts
related to the County or outstanding
Obligations
N/A
3.
Informal Disclosure by press release
or otherwise
4.
Additional Disclosure Requirements
(a)
VRA-held Obligations
(i)
(ii)
Financing
Agreement
with VRA
(add other
agreements as
necessary)
Financial Records
As required
under the
applicable
Indenture
Certificate of no Default
180 days
after end of
fiscal year
(iii) Notice of additional bonds
Prior to
issuance of
additional
bonds
249
Document
Reference
Reporting
Deadline
under the
applicable
Indenture
(iv) Annual Financial
Reporting as specified in 1(a) above [only
if VRA requires it]
7 months
after end of
fiscal year
(v) Event Disclosures as
specified in 1(b) or 1(c) above [disclosure
made to VRA]
promptly
(b) Indenture-secured Obligations
(e.g., Water and Sewer Bonds
(i)
(ii)
Affected
Responsible
Obligations
Party
Master
Indenture of
Trust [*add
additional
documents as
necessary]
Annual budget
On or
before the
start of the
fiscal year
Annual financial reporting
180 days
after the
end of the
fiscal year
(c) Other contractual reporting
requirements
[To be added as necessary]
250
UTILITY FUND FINANCIAL POLICIES
7.01 Independence
The Utility Fund will seek to become financially independent from the General Fund by:
a. Funding to the highest extent possible from Utility Enterprise Fund revenues
thereby diminishing the financial support from the General Fund.
b. Issuing to the highest extent possible self-supporting debt payable solely from the
Utility Enterprise Fund.
7.02 Unrestricted Cash and Long Term Investments Balance
The County will establish policy for the Utility Fund to achieve adequate cash reserves to provide
for operating expenses upon achieving financial independence from the County General Fund.
7.03 Amortization
The Utility Fund will continue to amortize bond issues so the useful life of the project being
financed is not exceeded.
7.04 Debt Service Coverage Ratio
The County will establish policy for the Utility Fund to provide Net Revenues at an appropriate
coverage ratio upon achieving financial independence from the County General Fund.
7.05 Asset Replacement and System Extension
The County will establish policy for the Utility Fund to provide for funds to be set aside for
replacement and/or extension of all Utility system assets such that new assets will not be 100
percent debt financed upon achieving financial independence from the County General Fund.
251
GLOSSARY
Arbitrage. The difference between the interest paid on the tax-exempt securities and the interest
earned by investing the security proceeds in higher-yielding taxable securities. IRS regulations
govern arbitrage on the proceeds from issuance of municipal securities.
Balloon Maturity. A later maturity within an issue of bonds which contains a disproportionately
large percentage of the principal amount of the original issue.
Bond Anticipation Notes (BANs). Notes which are paid from the proceeds of the issuance of
long-term bonds. Typically issued for capital projects.
Bullet Maturity. A maturity for which there are no principal and/or sinking fund payments prior
to the state maturity date.
Call Provisions. The terms of the bond giving the issuer the right to redeem all or a portion of a
bond prior to its stated date of maturity at a specific price, usually at or above par.
Capitalized Interest. A portion of the proceeds of a bond issue which is set aside to pay interest
on the same bond issue for a specific period of time. Interest is commonly capitalized for the
construction period of the project.
Commercial Paper. Very short-term, unsecured promissory notes issued in either registered or
bearer form, and usually backed by a line of credit with a bank.
Community Development Authority (CDA). A Community Development Authority (CDA) is
a separate authority that may be used to foster growth and development in a special taxing district.
A CDA can issue debt for public purpose infrastructure paid for with tax revenues generated within
the special taxing district. Public purpose infrastructure includes, but is not limited to: Roads,
bridges, sidewalks, traffic signals, Parking facilities; Storm water management systems; Parks and
recreational facilities; Fire Stations and equipment; and Schools and related structures. Generally,
a CDA can be formed by County Board of Supervisors at the request of 51% or more of the
landowners within the proposed district. Under state law, the District’s special tax rate cannot
exceed $0.25 per $100 of assessed value.
Competitive Sale. A sale/auction of securities by an issuer in which underwriters or syndicates
of underwriters submit sealed bids to purchase the securities. Contrast to a negotiated sale.
Continuing Disclosure. The principle that accurate and complete information material to the
transaction which potential investors would be likely to consider material in making investment
decisions with respect to the securities be made available on an ongoing basis.
Credit Enhancement. Credit support purchased by the issuer to raise the credit rating of the issue.
The most common credit enhancements consist of bond issuance, direct or standby letters of credit,
and lines of credit.
252
Debt Service Reserve Fund. The fund in which moneys are placed which may be used to pay
debt service if pledged revenues are insufficient to satisfy the debt service requirements.
Deep Discount Bonds. Bonds which are priced for sale at a substantial discount from their face
or par value.
Derivatives. A financial product whose value is derived from some underlying asset value.
Designation Policies. Outline how an investor’s order is filled when a maturity is oversubscribed
when there is an underwriting syndicate. The senior managing underwriter and issuer decide how
the bonds will be allocated among the syndicate. There are three primary classifications of order
which form the designation policy: Group Net orders; Net Designated orders and Member orders.
Escrow. A fund established to hold moneys pledged and to be used to pay debt service on an
outstanding issue.
Expenses. Compensates senior managers for out-of-pocket expenses including: underwriters
counsel, DTC charges, travel, syndicate expenses, dealer fees, overtime expenses, communication
expenses, computer time and postage.
General Obligations. Bonds issued by the County secured by the County’s pledge of its full faith
and credit and unlimited taxing power.
Hedge. A transaction that reduces the interest rate risk of an underlying security.
Intergenerational Equity. Equity or fairness principal that those that benefit from a capital
improvement should pay for it.
Interest Rate Swap. The exchange of a fixed interest rate and a floating interest rate between
counterparties.
Letters of Credit. A bank credit facility wherein the bank agrees to lend a specified amount of
funds for a limited term.
Management Fee. The fixed percentage of the gross spread which is paid to the managing
underwriter for the structuring phase of a transaction.
Members. Underwriters in a syndicate other than the senior underwriter.
Negotiated Sale. A method of sale in which the issuer chooses one underwriter to negotiate terms
pursuant to which such underwriter will purchase and market the bonds.
Original Issue Discount. The amount by which the original par amount of an issue exceeds its
public offering price at the time it is originally offered to an investor.
253
Pay-As-You-Go. An issuer elects to finance a project with existing cash flow as opposed to
issuing debt obligations.
Present Value. The current value of a future cash flow.
Private Placement. The original placement of an issue with one or more investors as opposed to
being publicly offered or sold.
Rebate. A requirement imposed by Tax Reform Act of 1986 whereby the issuer of tax-exempt
bonds must pay the IRS an amount equal to its profit earned from investment of tax-exempt bond
proceeds at rates exceeding the tax-exempt borrowing rate. The tax-exempt borrowing rate (or
“bond yield”) is calculated pursuant to the IRS code together with all income earned on the
accumulated profit pending payment.
Revenue (Limited Liability) Bonds. Bonds issued by the County secured by a specific revenue
pledge of rates, rents or fees.
Selling Groups. The group of securities dealers who participate in an offering not as underwriters
but rather who receive securities less the selling concession from the managing underwriter for
distribution at the public offering price.
Syndicate Policies. The contractual obligations placed on the underwriting group relating to
distribution, price limitations and market transactions.
Tax Increment Financing District (TIF). A Tax Increment Financing District (TIF) district is a
public financing technique primarily used to foster economic development projects. Upon creation
of a TIF district, a base year and base assessment is established and over time incremental increases
in the TIF district’s real estate assessments and associated real estate tax revenues accrue to the
TIF district and may be used to pay debt service.
Underwriter. A dealer that purchases new issues of municipal securities from the Issuer and
resells them to investors.
Underwriter’s Discount. The difference between the price at which bonds are bought by the
Underwriter from the Issuer and the price at which they are reoffered to investors.
Variable Rate Debt. An interest rate on a security which changes at intervals according to an
index or a formula or other standard of measurement as stated in the bond contract.
254
ARTICLE V
Fixed Assets
(Adopted June 5, 2003; Revised July 3, 2003)
Section 5.0
Introduction and Purpose
The County’s property control program is structured to serve several functions. It is a perpetual
inventory system which provides County officials with information required to control the use and
location of County property, determine replacement schedules, serves as a basis to determine
property to be covered for insurance purposes, and provides information for the County’s financial
records.
It is the responsibility of each department to ensure that all property and equipment under their
control is properly accounted for in the County’s Fixed Asset listing. The department director
controlling the asset shall be responsible for securing personal property assigned to their
department and may be held responsible for any lost or missing County assets.
Section 5.1
Definition of Fixed Assets:
a.
Capitalizable Fixed Assets
A capitalizable fixed asset shall be defined as any asset or group of assets acquired by the
County that has a useful life in excess of two years and a fair market value or acquisition
cost of at least $5,000.00 when received. Examples include land, buildings, easements,
vehicles, machinery, etc. Specific determinations shall be referred to the Budget and
Finance Department.
b.
Controllable Fixed Assets
A controllable fixed asset shall be defined as any asset acquired by the County requiring
tracking and security from theft with a useful life of less than two years and a fair market
value or acquisition cost of less than $5,000.00 when received. Examples include
computers, cellular phones, radios, weapons, cameras, video equipment, and power tools.
Specific determinations relating to the categorization of specific items shall be referred to
the Budget and Finance Department.
Section 5.2
Controllable Assets
Controllable assets are not subject to depreciation and are expensed in the fiscal period acquired.
Controllable assets are typically sensitive in nature and are easily converted to cash. These assets
255
may be required to have an inventory control sticker and shall be listed in the County’s controllable
fixed asset listing. Controllable assets shall be secured in a manner dependent on its operational
use and /or susceptibility to loss or theft. Specific determinations relating to the categorization of
specific items shall be referred to the Budget and Finance Department.
Section 5.3
Valuation
a.
Valuation of Fixed Assets
Valuation of fixed assets will be at original cost, which includes list price, minus any cash
discounts plus shipping and installation costs. (For example, list price of $8,500 less 10%
cash discount plus $50 shipping and installation = $7,700 fixed asset value.) Valuation of
a donated asset shall be the fair market value of the asset at the date of acquisition.
b.
Valuation of Group Assets
Group assets are those assets which individually are less than the capitalizable threshold
but collectively value above said threshold. The following two criteria shall be used in
making such a determination:
1. The expected economic useful service life of the entire group of assets and;
2. The materiality of the total purchase price or acquisition cost of the group of assets
involved.
Valuation of group assets will be made on a case-by-case basis at the discretion of the
Finance Director upon approval by the County Administrator.
Section 5.4
Depreciation
Fixed Assets can be depreciable or non-depreciable. Land is not subject to depreciation. The
straight-line depreciation method shall be used on all depreciable fixed assets according to
generally accepted accounting principles. A composite life table developed by American
Appraisal Associates shall be used as the basis in the determination of an asset’s useful life. The
useful life of a particular asset may be adjusted based on the County’s experience as deemed
appropriate.
256
AMERICAN APPRAISAL COMPOSITE ASSET LIFE TABLE
ASSET CLASSIFICATION
Athletic Equipment
Appliances/Food Service Equipment
Audio Visual Equipment
Books Multi Media Materials
Business Machines
Communications Equipment
Computer Software
Contractors/Construction Equipment
Computer Equipment
Computers
Monitors
Printers
Fine Arts and Antiques
Fire Department Equipment
Furniture and Accessories
ASSET LIFE
(YEARS)
10
15
10
5
10
10
5
10
5
5
5
5
N/A
12
20
ASSET CLASSIFICATION
Grounds/Agricultural Equipment
Lab/Science/Engineering Equipment
Land
Land Improvements
Law Enforcement Equipment
Licensed Vehicles - General
Licensed Vehicles - Law Enforcement
Machinery and Tools
Musical Instruments
Outdoor Recreation Equipment
Stage and Auditorium
Buildings
Portable Classrooms
Custodial Equipment
Copiers
ASSET LIFE
(YEARS)
15
10
N/A
20
10
8
5
15
10
20
20
50
25
15
5
Section 5.5
Recording of Fixed Assets
All asset records shall be kept current. Fixed assets shall be entered into the fixed asset accounting
system on a monthly basis.
The acquiring department shall complete a Fixed Asset Addition Form for all capitalizable and
controllable assets acquired and, where appropriate, submit said form with the request for payment
to the Budget and Finance Department for processing.
The Budget and Finance Department shall process all Fixed Asset Addition Forms in a timely
manner. Budget and Finance shall review all charges to property line items (equipment, vehicle,
etc.) subsequent to each payable cycle and note any expenditures that meet the fixed asset
classification definitions above. This information shall be reconciled to the Fixed Asset Addition
Forms submitted by Departments. Asset information will be entered to the fixed asset system
monthly.
Each capitalizable and controllable asset (where appropriate) will be assigned a fixed asset
number. These numbers shall have corresponding tags and shall be affixed to the assets. The
Budget and Finance Department shall be responsible for issuing asset tag numbers and ensuring
said tags are initially affixed to the acquired property where applicable.
Department’s shall be responsible for monitoring the department’s property listing as provided by
the Department of Budget and Finance quarterly for accuracy and completeness and for ensuring
asset tag numbers are attached to equipment where required. It is the department’s responsibility
to ensure that fixed asset records remain current and accurate.
257
Section 5.6
Placement Locations for Fixed Asset Tags
To assist in locating property tags affixed to assets, tags shall be affixed in identical locations on
similar items. Tags shall be placed on the front main body of the asset and should be clearly visible
where possible and in a location that is not subject to disturbance or dislocation.
Section 5.7
Disposing of Fixed Assets
When a fixed asset is no longer of use to a department or becomes obsolete requiring disposal, a
Fixed Asset Disposal Form shall be completed and forwarded to the Budget and Finance
Department for asset transfer to another department or surplus processing.
Section 5.8
Audit of Fixed Assets
The inventory of fixed assets shall be subject to audit internally by the Budget and Finance
Department and externally by independent auditors hired for the annual fiscal year end audit.
258
ARTICLE VI
Applications for Tax Exempt Status Designation for
Real and Personal Property
Section 6.0
Purpose
This policy sets forth the procedural process and guidelines for qualifying nonprofit organizations
to request exemption from real and personal property taxation in Isle of Wight County. The policy
is intended to promote the efficient and timely management of applications and documentation of
responsible parties required to facilitate tax exemption requests to the Board of Supervisors.
Section §58.1-3651 of the Code of Virginia, 1950, as amended, governs the requirements for
entities seeking to have tax-exempt status granted to real or personal property owned by that entity.
This section grants the Board of Supervisors the authority to designate as tax exempt that real and
personal property owned by organizations which use it exclusively for religious, charitable,
patriotic, historical, benevolent, cultural, or public park and playground purposes. In order to
receive the tax-exempt status designation, the entity must comply with the procedural requirements
contained in Section §58.1-3651, including a public hearing, to receive citizen comment on the
request.
If the Board of Supervisors adopts the ordinance for exempt status, the exemption is valid for the
next July 1st tax year and all future years unless revoked in accordance with the provision of
§58.1-3605.
Section 6.1
Submission Requirements
An application for tax exemption must be submitted to the Commissioner of the Revenue by the
requesting organization along with a check made payable to Treasurer, Isle of Wight County,
Virginia for the cost of the required public hearing announcements in order to be considered by
the County for exemption from real and/or personal property taxes. The public hearing notices
shall be advertised in accordance with County Policy. The cost of the public hearing
announcements shall be specified in the Fee Schedule of the fiscal year operating budget.
All information required as part of the application must be provided in order for the tax exemption
request to be considered by the Board of Supervisors. In accordance with Section §58.1-3651,
before adopting an ordinance granting tax-exemption, the Board of Supervisors is required to
consider the following questions:
1. Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal
Revenue Code of 1954.
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2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has
been issued by the Virginia Alcoholic Beverage Control Board to the applicant for use on
the property.
3. Whether any director or officer of the organization is paid compensation in excess of a
reasonable allowance for salaries or other compensation for personal services which such
director or officer actually renders.
4. Whether any part of the net earnings of such organization inures to the benefit of any
individual, and whether any significant portion of the service provided by such
organization is generated by funds received from donations, contributions, or local, state
or federal grants.
5. Whether the organization provides services for the common good of the public; specific
consideration will be given to the level of services provided for the common good of the
public to citizens of Isle of Wight County. The organization should have been providing
services in Isle of Wight County for a minimum of three (3) years. At least a minimum of
50% of the organization services should be provided to citizens of Isle of Wight County.
6. Whether a substantial part of the activities of the organization involves carrying on
propaganda, or otherwise attempting to influence legislation and whether the organization
participates in, or intervenes in, any political campaign on behalf of any candidate for
public office.
7. Whether the organization has rules, regulations, policies, or practices that discriminate on
the basis of religious conviction, race, color, sex, or national origin.
8. The revenue impact to the locality and its taxpayers of exempting the property.
The information is generally answered by the Commissioner of the Revenue’s office.
The County shall assess the County service requirements for the facility requested to be
exempted and the financial impact of any exempted tax burden shift to the taxpaying
citizens and businesses.
9. Any other criteria, facts and circumstances that the Board of Supervisors deems pertinent
to the adoption of such ordinance.
Section 6.2
Application Review and Public Hearing Requirements
The Commissioner of the Revenue’s office shall:
a) Accept applications as well as the cost of advertising the public hearings and transmit said
funds for deposit to the Treasurer’s Office.
b) Process the application within 45 business days of receipt to review the application for
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completion and accuracy and request any additional information required to process the
application.
c) Complete the following sections of the attached “Evaluation Summary Form”:
1) Application Routing Number
2) Date Application Received by the Commissioner of the Revenue
3) Organization Name
4) Property Address
5) Assessed Value
6) Parcel Map#
7) Tax I.D. #
d) Forward the application and all supporting documentation to the County Administrator’s
Office for agenda placement and consideration by the Board of Supervisors.
The County Administrator’s Office shall:
a) Schedule a public hearing for action by the Board of Supervisors within 45 business days
of receipt of the application for tax exemption and “Evaluation Summary Form” from the
Commissioner of the Revenue.
b) Place the advertisement for public hearing in a newspaper of general circulation in
accordance with State Code and Chapter 8, Article 5, of the County Policy Manual, and
retain the newspaper certification of same for the permanent record. The notice of public
hearing must contain the assessed value of the real or personal property of the organization
along with the amount of taxes that were, or would be, assessed against such property. The
public hearing cannot be held until at least 5 days after the publication of the notice of
public hearing.
c) Prepare and submit an agenda item and related authorizing ordinance for placement on the
Board of Supervisors agenda. The ordinance must include a statement regarding the
specific use on which the exemption is based, as well as a statement that continuance of
the exemption shall be contingent on the continued use of the property in accordance with
the purpose for which the organization is designated through a triennial application process
as more specifically set forth in Section 6.3 below.
d) Review and complete the “Evaluation Summary Form” including the Criteria Evaluated
section for attachment to the agenda item.
e) Notify the applicant in writing of the public hearing date.
f) Notify in writing the applicant of any action or inaction by the Board of Supervisors to
include a copy of any ordinance adopted after the public hearing.
g) Finalize the documentation of the “Evaluation Summary Form” and acquire appropriate
processing signatures of any actions authorized by the Board of Supervisors.
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h) Retain the permanent record of the application information and Board of Supervisors action
taken for review by the public and/or auditors in compliance with record retention
requirements to include scanning all file contents to an appropriately titled file for future
reference. Section 6.3
Triennial Application for Exemption; Removal by Local Governing Body
In accordance with §58.1-3605 of the Code of Virginia, organizations receiving exemption from
real and/or personal property taxation by the Isle of Wight Board of Supervisors shall be required
to file triennially an application as a requirement for retention of the exempt status of the property.
Such application shall show the ownership and usage of such property and shall be filed within
sixty days preceding the tax year for which such exemption, or the retention thereof, is sought. The
requirement to file a triennial application to maintain exempt status shall be written into the
ordinance designating an organization as exempt from real and/or personal property taxes.
The Board of Supervisors may submit to the General Assembly a list of those organizations whose
property is designated as tax exempt under §58.1-3650.1 et seq. which the local governing body
wants to remove from its exempt property list. Legislation including such a list must be introduced
no later than the first calendar day of any session of the General Assembly unless requested by the
Governor.
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Procedure for Applying for Exempt Status of a Non-Profit Organization
A. Pursuant to subsection 6(a)(6) of Article X of the Constitution of Virginia, on and after January
1, 2003, any county, city, or town may, by designation or classification, exempt from real or
personal property taxes, or both, by ordinance adopted by the local governing body, the real or
personal property, or both, owned by a nonprofit organization that uses such property for
religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground
purposes. The ordinance shall state the specific use on which the exemption is based, and
continuance of the exemption shall be contingent on the continued use of the property in
accordance with the purpose for which the organization is classified or designated. No
exemption shall be provided to any organization that has any rule, regulation, policy, or
practice that unlawfully discriminates on the basis of religious conviction, race, color, sex, or
national origin.
B. Any ordinance exempting property by designation pursuant to subsection A above shall be
adopted only after holding a public hearing with respect thereto, at which citizens shall have
an opportunity to be heard. The Board of Supervisors shall publish a notice of the public
hearing once in the Smithfield Times and The Tidewater News newspapers. The notice shall
include the assessed value of the real and tangible personal property for which an exemption
is requested as well as the property taxes assessed against such property. The public hearing
shall not be held until at least five days after the notice is published in the newspaper. The local
governing body shall collect the cost of publication from the organization requesting the
property tax exemption. Before adopting any such ordinance, the Board of Supervisors shall
consider the following questions:
1. Whether the organization is exempt from taxation pursuant to §501 (c) of the Internal Revenue
Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been
issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such
property;
3. Whether any director, officer, or employee of the organization is paid compensation in excess
of a reasonable allowance for salaries or other compensation for personal services which such
director, officer, or employee actually renders;
4. Whether any part of the net earnings of such organization inures to the benefit of any
individual, and whether any significant portion of the service provided by such organization is
generated by funds received from donations, contributions, or local, state or federal grants;
5. Whether the organization provides services for the common good of the public; specific
consideration will be given to the level of services provided for the common good of the public
to citizens of Isle of Wight County. At least a minimum of 50% of the organization services
should be provided to citizens of Isle of Wight County. The organization should have been
providing services in Isle of Wight County for a minimum of three years.
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6. Whether a substantial part of the activities of the organization involves carrying on
propaganda, or otherwise attempting to influence legislation and whether the organization
participates in, or intervenes in, any political campaign on behalf of any candidate for public
office;
7. Whether the organization has rules, regulations, policies, or practices that discriminate on the
basis of religious conviction, race, color, sex, or national origin.
8. The revenue impact to the locality and its taxpayers of exempting the property; The County
shall assess the County service requirements for the facility requested to be exempted and the
financial impact of any exempted tax burden shift to the taxpaying citizens and businesses.
C. Exemptions of property from taxation under this article shall be strictly construed in
accordance with Article X, Section 6 (f) of the Constitution of Virginia.
D. “Nothing in this section or in any ordinance adopted pursuant to this section shall affect the
validity of either a classification exemption or a designation exemption granted by the General
Assembly prior to January 1, 2003, pursuant to Article 2 (§58.1-3606 et seq.), 3 (§58.1-3609
et seq.) or 4 (§58.1-3650 et seq.) of the Code of Virginia or this chapter. An exemption granted
pursuant to Article 4 (§58.1-3650 et seq.) of the Code of Virginia or this chapter may be
revoked in accordance with the provisions of §58.1-3605.
E. Triennial Application for Exemption; Removal by Local Governing Body
In accordance with §58.1-3605 of the Code of Virginia, organizations receiving exemption from
real and/or personal property taxation by the Isle of Wight Board of Supervisors shall be required
to file triennially an application as a requirement for retention of the exempt status of the property.
Such application shall show the ownership and usage of such property and shall be filed within
sixty days preceding the tax year for which such exemption, or the retention thereof, is sought. The
requirement to file a triennial application to maintain exempt status shall be written into the
ordinance designating an organization as exempt from real and/or personal property taxes.
The Board of Supervisors may submit to the General Assembly a list of those organizations whose
property is designated as tax exempt under §58.1-3650.1 et seq. which the local governing body
wants to remove from its exempt property list. Legislation including such a list must be introduced
no later than the first calendar day of any session of the General Assembly unless requested by the
Governor.
F. Application Submission
1. Applications are available in the Commissioner of the Revenue’s Office located at 17090
Monument Circle, Suite 113. Please attach all required documents.
2. Return the completed application to the Commissioner of the Revenue’s Office, 17090
Monument Circle, Suite 113, Isle of Wight, Virginia 23397 along with a check for the cost of
the public hearing advertisements, as specified in the fee schedule of the fiscal year operating
budget, and made payable to Treasurer, Isle of Wight County, Virginia.
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3. Within 45 business days of receipt of the application, the Commissioner of the Revenue’s
Office will review the application for completion and notify the organization if additional
information is needed then forward it, with any additional information pertinent to the
application, to the County Administrator’s Office for action of the Board of Supervisors within
45 days after receipt from the Commissioner of the Revenue’s Office.
4. The County Administrator’s Office will coordinate the placement of the public hearing
advertisements in accordance with County Policy. The advertisements will state the date, time,
and location of the meeting. It is highly recommended that the person(s) completing the
application attend the Public Hearing. If such individual(s) cannot be present, the
organization should send an authorized representative.
5. Upon conclusion of the Public Hearing, a prepared ordinance will be introduced for
consideration by the Board of Supervisors. If the Board of Supervisors adopts the ordinance
for exempt status, the exemption is valid for the next July 1st tax year and all future years unless
revoked in accordance with the provision of Code of Virginia §58.1-3605.
6. If the Board of Supervisors does not approve the request for exempt status, the organization
will be required to continue to file a tangible personal property return and/or continue paying
taxes related to real and/or personal property assessments.
7. To be considered for each July 1st, the application must be received by the Commissioner
of the Revenue’s Office by April 1.
8. Approval of the application will provide for exemption for real and personal property tax.
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Application for Exemption from Real Estate or Personal Property Taxes for
Religious, Charitable, Patriotic, Historical, Benevolent, Cultural,
or Public Park and Playground Use
1. Name
of
___________________________
Organization:__________________________
2. Property currently owned by:__________________
________________________
3. Name of Authorized Agent and Title:____________________________________ _____
___________________________________________________________________________
4. Mailing
________
Address:___________________________________________________
5. Contact
Number
for
_________________________________________
Authorized
Agent:
6. Property Location (include parcel map number and street address):
___________________________________________________________ ______________
7. Description of organization’s activities and the services provided to the public. Include
in this section any charges for services or receipts of in-kind contributions or gifts:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
____________________________
8. Provide basis for application:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
_______________________________________________________
_____________________________
9. Specific activities conducted on premises:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
10. Specific activities on premises NOT a part of organization:
__________________________________________________________________________
____
______________________________________________________________________________
______________________________________________________________________________
11. If a residence, indicate occupant’s relationship to the organization:
__________________________________________________________________________
12. Organization receiving rent or income from property: ___________________________
13. Date property will be occupied for Tax Exempt purposes: ________________________
14. In addition, please attach supporting documentation related to the following:
1) A copy of the determination from the IRS regarding tax-exempt status pursuant to §501(c) of
the Internal Revenue Code of 1954.
2) A statement signed by an officer indicating whether a current annual alcoholic beverage license
for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control
Board to the organization for use on its property. A copy of the organization’s current alcoholic
beverage license issued by the Virginia Alcoholic Beverage Control Board.
If no license is held, check here ______
3) A copy of the organization’s most current compensation schedule in order to determine if any
director, officer, or employee is paid compensation in excess of a reasonable allowance.
4) A copy of the Internal Revenue Service form 990, 990EZ, or 990PF together with any
schedules and attachments most recently filed with the IRS for the previous calendar year or
an explanation why such form was not filed.
5) A statement from the organization clearly indicating whether the property is to be used for
religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground
purposes as set forth in Article X, Section 6 (a)(6) of the Constitution of Virginia.
6) A list of names and addresses of the current officers and directors of the organization.
7) A copy of all fictitious names certificated, if any, filed by the organization with either the State
Corporation Commission or the Isle of Wight County Circuit Court.
8) Copies of current financial statements, including a list of the individuals or entities to whom
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the net earnings of the organization inure. The list must indicate the amount or percentage of
the net earning inuring to each individual or entity.
9) A statement signed by an officer of the organization indicating whether any significant portion
of the service provided by the organization is generated by funds received from donations,
contributions, or local, state, or federal grants. This statement must include an indication of
the percentage of service generated by such funds. Donations shall include the providing of
personal services or the contribution of in-kind or other material services.
10) A copy of the current articles of incorporation and bylaws of the organization.
11) A statement signed by an officer indicating whether the organization has any rule, regulation,
policy, or practice that unlawfully discriminates on the basis of religious conviction, race,
color, sex, or national origin.
12) A description of how the organization provides services for the common good of the public,
specifically identifying the amount or level of service provided to Isle of Wight County
Citizens and the length of time these services have been provided in Isle of Wight County. To
be considered, the organization should provide, on average, 50% of its services and community
benefit to Isle of Wight citizens and the length of time these services have been provided within
Isle of Wight County should be three (3) years or greater.
13) Any other information the organization believes is supportive of its request for tax exemption.
AFFIDAVIT: The undersigned ______ property owner, or ______ duly authorized
agent/representative thereof [check one], certifies that this application and the foregoing
answers, statements, and other information herewith submitted are in all respects true and
correct to the best of their knowledge and belief. WITH THE UNDERSTANDING THAT
ANY INCORRECT INFORMATION SUBMITTED MAY RESULT IN THE DELAY OR
RESCHEDULING OF APPROVAL BY THE BOARD OF SUPERVISORS.
Signed: ____________________________________________________________________
Printed Name: ______________________________________________________________
Tile_______________________________________________________________________
(Officer, Member, etc. with authority to bind the Organization)
Date: ______________________________________________________________________
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CHAPTER 3:
COMMUNITY AND ECONOMIC DEVELOPMENT
Chapter 3: Community and Economic Development
ARTICLE I
Use of Incentives for Industrial Development
Section 1.0
Purpose
The animating purpose of the Economic Development Incentive Policy and Procedure shall be to
enhance the ability of Isle of Wight County to foster and stimulate economic development in the
County by inducing new businesses to locate in the County, and existing businesses to remain in
the County or to expand their operations. All uses of incentive funds shall be in keeping with this
Policy and Procedures and may inure only incidentally to the benefit of private interests.
Section 1.1
Criteria for Incentive Funds
The Director of Economic Development, acting on behalf of the Authority, shall determine for
recommendation to the Isle of Wight County Board of Supervisors and the Industrial Development
Authority of Isle of Wight County the need to provide incentive funds to a specific business. Such
determination shall be made based on the following criteria:
a.
For a business that is statistically classified by the Office of Management and Budget as
being engaged in one or more activities covered by the following list of Standard Industrial
Classifications (SIC);
Agriculture, forestry and fishing (011-0971).
Construction (1521-1799).
Manufacturing (2011-4013).
Transportation, communications, electric, gas and sanitary services (4011-4971).
Wholesale trade (5012-5199).
The net amount of direct tax revenues returned to the County by the business to which
incentive funds are provided will exceed the amount of incentive funds so provided no later
than thirty-six (36) months from the date on which the business commences operations at a
new or renovated facility; and
1.
For every one dollar ($1.00) in incentive funds provided, the business to which such
funds are provided will spend twenty dollars ($20.00) or more in new capital
investment including real estate, buildings, machinery and tools, and furniture and
fixtures; and/or
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2.
b.
Every one thousand dollars ($1,000.00) in incentive funds will yield at least one (1)
new “full-time equivalent” employment opportunity in the business to which such
funds are provided.
For a business that is statistically classified by the Office of Management and Budget as
being engaged in one or more activities covered by the following list of Standard Industrial
Classifications (SIC);
Communications Equipment Manufacturing (3661, 3663, 3669)
Product Assembly and Testing (357, 361, 362, 3695, 381, 382, 384)
Engineering, Research and Management Services (8711, 8731, 8741, 8742)
Production Machinery and Equipment (3531-3537, 3561-3569, 3592-3594, 3596, 3599)
Wholesale Packaging and Distribution (5113, 5136, 5141, 5142, 5172, 5180, 5192)
The net amount of direct tax revenues returned to the County by the business to which
incentive funds are provided will exceed the amount of incentive funds so provided no later
than sixty (60) months from the date on which the business commences operations at a new
or renovated facility; and
c.
1.
For every one dollar ($1.00) in incentive funds provided, the business to which such
funds are provided will spend twenty dollars ($20.00) or more in new capital
investment including real estate, buildings, machinery and tools, and furniture and
fixtures; and/or
2.
Every one thousand dollars ($1,000.00) in incentive funds will yield at least one (1)
new “full-time equivalent” employment opportunity in the business to which such
funds are provided.
For a business that pays an average annual wage in excess of the average annual wage in
Isle of Wight County ($32,386 in 1998) and creates a base of at least twenty-five (25) new
“full-time equivalent” employment opportunities;
1.
Every five thousand dollars ($5,000) in incentive funds will yield at least one (1)
new “full-time equivalent” employment opportunity above the base of twenty-five
(25) when the average annual wage (exclusive of the five (5) highest and five (5)
lowest salaries) exceeds 150% of the County average; or
2.
Every ten thousand dollars ($10,000) in incentive funds will yield at least one (1)
new “full-time equivalent” employment opportunity above the base of twenty-five
(25) when the average annual wage (exclusive of the five (5) highest and five (5)
lowest salaries) exceeds 200% of the County average; or
3.
Every twenty thousand dollars ($20,000) in incentive funds will yield at least one
(1) new “full-time equivalent” employment opportunity above the base of twentyfive (25) when the average annual wage (exclusive of the five (5) highest and five
(5) lowest salaries) exceeds 250% of the County average.
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Section 1.2
Communication
The Director of Economic Development, acting on behalf of the Authority, shall be empowered to
communicate the provisions of this policy to a specific business that meets all the criteria contained
in this policy and procedure during negotiations with the business and prior to consultation with
the Board of Supervisors. The Board of Supervisors shall be apprised of all formal
communications of this policy to an eligible business.
If the Director of Economic Development, acting on behalf of the Authority, determines the need
to provide incentive funds to a specific business, but the criteria set forth in Section 1.1 have not
been met, the Director shall obtain specific approval from the Board of Supervisors, prior to its
approval of the provision of incentive funds to such business and prior to any offer being
communicated to the business that is not within the criteria set forth in Section 1.1.
Section 1.3
Findings
Based upon the recommendation of the Director of Economic Development, the Authority and the
Board of Supervisors, shall either approve or disapprove the proposed provision of incentive funds
to the business; provided, however, that prior to approval, the Authority must make the following
findings:
a.
That the animating purpose of the proposed provision of incentive funds to the business is
to serve the public purpose of promoting economic development that results in economic
growth having a significant, positive impact on the local tax base and quality of life,
creating employment opportunities for citizens, increasing the tax base and diversifying
the mix of industry located in the County, and that the expenditure of such funds will only
incidentally inure to the benefit of private interests, if at all; and
b.
That the proposed provision of incentive funds to the business is in furtherance of the
purposes for which the Authority was created.
Section 1.4
Resolution of Approval
Approval by the Authority of the provision of incentive funds to a specific business shall be in the
form of a resolution which shall include the following information:
a.
The name, location, and nature of the business to which the funds will be provided;
b.
The amount of the funds that will be provided;
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c.
The purpose or purposes for which the funds will be provided.
d.
A statement that the criteria set forth in Section1.1 of this Policy and Procedure have been
met; or, in the alternative, that the Board of Supervisors has specifically approved the
provision of incentive funds to the business pursuant to Section 1.2 and
e.
A statement that the findings set forth in Section 1.3 of this policy and procedure have been
made by the Authority.
Section 1.5
Submission of Documents
Once the provision of incentive funds to a business has been approved, the funds shall only be
provided to the business upon the submission of documents as shall be required by the Authority
and outlined in a performance contract negotiated between the Authority and the business that
shall address, at a minimum, the following considerations:
a.
b.
c.
The new capital investment including real estate, buildings, machinery and tools, and
furniture and fixtures that will be made by the company; and
The number of new “full-time equivalent” positions that will be created by the company;
and
A provision for the recapture of incentive funds if the stated investment and employment
fail to materialize within five (5) years from the date of the funds having been provided to
the business.
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ARTICLE II
Cash Proffers
(Adopted October 19, 2000; Revised July 17, 2003; January 16, 2014)
Section 2.0
Applicability
These guidelines shall be applicable to all rezoning applications. Amounts set out in this
Policy, representing the cost of public facilities and capital costs for each typical unit of a
development, are general guidelines only. Individual rezoning applications present circumstances,
which are to be considered in evaluating applications and proffered conditions. Those
circumstances and factors include:
A. Proffers of dedication or construction of public facilities or land, or of amenities or
facilities available for use in connection with a proposed development, which decrease
the need for use of community facilities existing, or planned by the County.
B. The economic benefits of industrial and commercial development and the contribution
of a development proposal to the goal of development properly apportioned between
residential, industrial, and commercial types.
C. The scale of the proposed development and the minimal incremental effect on
community facilities of residential development consisting of only one additional lot.
D. Proffers for Transportation and Utilities are to be considered on a case-by-case basis
by examining the overall impact of proposed development on all public facilities and
determining the particular capital improvements that are needed to maintain levels of
service to serve the new development. Transportation and utilities proffers are not
intended to be combined with other proffer categories, particularly schools, but are to
be negotiated where the need for transportation and utilities are more severe than may
be demonstrated for the other categories.
In considering voluntary proffered conditions, it is the intent of the Board of Supervisors
to apply this policy as equitably and fairly as possible, under the law and to avoid any greater or
lessor economic advantage to any applicant for a rezoning of property.
Section 2.1
Methodology
A. General Considerations:
The impact of proposed developments on public facilities and the need for capital
improvements will be reviewed on a case-by-case basis.
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The basis for analyzing the needs to be generated by proposed residential development,
and the economic contribution of the development, shall be projected capital costs and
tax revenues set out in documents referred to below. Those costs and revenues are
established for typical County residential units.
In general, the revenue generated by commercial and industrial development is
expected to cover the capital costs of fire protection, emergency medical, and law
enforcement services, recreational facilities, and county buildings. Each proposed
development will be reviewed to identify any unusual or excessive requirement of that
nature. No contribution for schools or libraries is expected for commercial and
industrial applications. The County’s policy with respect to cash proffers in
commercial and industrial rezoning shall be interpreted liberally in order to promote
desirable economic development.
B. The cost of needed public facilities as described in Cash Proffer Study for Schools,
Parks & Recreation, Libraries, Sheriff, Fire & Rescue, and General Government
updated in 2012, along with the Cash Proffer Study for Transportation and the Cash
Proffers/Capacity Fees Study for Utilities prepared in 2012, by TischlerBise, as may
be revised and updated and applicable to each typical single family residential unit are
summarized as follows and shall, in addition to others factors described in this policy,
be the basis for consideration of cash proffers:
Public Schools
Recreational Facilities
County Buildings
Fire and Rescue Squad
Libraries
Sheriff
Total Cash Proffer
$ 9,337
1,171
960
1,248
285
357
$13,358
C. The cost of needed public facilities for other forms of residential development have
been determined to be as follows, as more fully described in the Cash Proffer Study:
Multifamily
Mobile Home & Other
$10,079
$11,025
Section 2.2
Analysis of the Financial Benefits of Development
A. The contribution of a development to public improvements financed through the tax
rate has been based on the percentage of the tax rate attributable to debt service over
the 20-year period of a general obligation bond, and is more thoroughly described in
the Cash Proffer Study.
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B. Analysis of in-kind donations, such as land or facilities, should be based on the value
set out in the written proffer, or a method agreed upon by the staff and the applicant.
Section 2.3
Administration
Cash proffers when voluntarily submitted by the applicant and accepted by the Board of
Supervisors and made a part of the conditional zoning will be further evidenced by a demand note
to the County of Isle of Wight, without interest, in the amount of the total aggregate of the proffers.
The note will be secured by a deed of trust of all of the property involved in the rezoning. Upon
the payment of the proffer to the County on each lot, the lot will be released from the deed of trust.
The County further agrees that the deed of trust to secure the cash proffers will be subordinated to
deeds of trust for financing of development of the property.
Section 2.4
Capital Improvements Program
Consistent with Section 15.2-2239 of the Code of Virginia, the Board of Supervisors
annually adopts the Capital Improvements Program, which incorporates the Capital Improvements
Plan of the School Board.
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ARTICLE III
Easement Acquisition
(Original date of adoption unknown; Revised June 3, 1999)
Section 3.0
General Policy
-
After the determination has been made that an easement is needed, determine the owner and
the County assessed value of the property.
-
If the project for which the easement is needed will result in mutual benefit to both the County
and the property owner, an attempt should be made to acquire the easement at no cost to the
County.
-
If the project for which the easement is needed will not result in mutual benefit to both the
County and the property owner, an offer to purchase the easement can be made based on one
half of the assessed value of the property per square foot. If a temporary construction easement
is needed, the value should be based on one-fourth of the assessed value.
-
If all efforts to acquire the easement are exhausted, the Board of Supervisors must approve the
condemnation procedure prior to instituting this action.
Section 3.1
Farm Easements
When an easement is to be acquired across farmland, it is assumed that there will be some longterm damage from the soil turnover that will occur in the pipe laying process. In an effort to verify
this assumption and determine the degree and extend of damage, extensive discussions were held
with Dr. Charles Swann and David Holshouser of the Virginia Tech Holland Research Station, Dr.
Dan Brann of the Agronomy Department at Virginia Tech in Blacksburg, Mike Roberts of the
Southampton County Extension Office and Bob Goerger of the Isle of Wight Extension Office.
Based on these discussions it was concluded that the long term damage due to soil turnover in the
pipe laying process could be greatly minimized if the top 12 inches of topsoil is stripped and
stockpiled separately from the remainder of the material excavated for the pipe. The pipe would
then be installed and backfilled with the 12 inches of topsoil being placed last (back in its original
location).
While no definitive position was established on long term crop damage after the above referenced
backfill procedure, it was generally agreed that a more than fair approach would be to assume a
50% loss the first year, 40% loss the second year, and 25% loss the third year.
Therefore based on the above, it is suggested that the Isle of Wight County easement acquisition
procedure be modified for farm easements as follows:
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The easement agreement referenced the fact that 12 inches of topsoil is to be removed and
stockpiled separately. After installation of the pipe and normal backfill, the 12 inches of topsoil
will be replaced on top of the trench.
In addition to the payment of 50% of the County accessed value for permanent easements and 25%
for temporary easements, the County would pay (on a per square foot basis) for long term crop
damage as follows:
Year 1
Year 2
Year 3
50% of the avg. price for peanuts, corn, soybeans and cotton
The price of peanuts, corn, soybeans and cotton would be determined from the local extension
office.
On May 14, 1999:
Peanuts were valued at $604/ton with a yield of 3,000 pounds/acre =
$0.0207/square foot
Corn was valued at $2.35/bushel with a yield of 100 bushels/acre =
$0.0054/square foot
Soybeans were valued at $4.61/bushel with a yield of 35 bushels/acre = $0.0037/square foot
Cotton was valued at $0.58/pound with a yield of 725 pounds/acre =
$0.0097/square foot
Total =
$0.0395/square foot
Average =
$0.0098/square foot
Therefore, based on today’s crop values, the crop damage payment would be (50% x $0.0098) +
(40% x $0.0098) + (25% x $0.0098) = $0.0113/square foot x total square footage of easements
both temporary and permanent.
Example:
John Doe owns a farm with 1,000 feet of frontage on Agriculture Boulevard. Isle of Wight County
desires to install a water main along Agriculture Boulevard and needs a 20 foot permanent and a
10 foot temporary utility easement. The County has the farm assessed for $1,475 per acre. In
accordance with the County policy of paying 50% of the accessed value for permanent easements
and 25% of the accessed value for temporary easements, the value of the easement would be:
$1,473/acre = $0.0339/square foot
(1,000 feet x 20 feet x $0.0339 x 50%) + (1,000 feet x 10 feet x $0.0339 x 25%) = $423.75
Since the construction of the pipeline will cause some long-term damage to the production of the
disturbed land, the above referenced formula would be applied as follows:
1,000 feet x 30 feet x $0.0098/square foot = $294.00
Total Payment = $717.75
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ARTICLE IV
Rural Addition Program
a.
A petition signed by at least seventy-five percent (75%) of the residents formally requesting
that the subject private street be considered for inclusion in the RAP. The petition is to be
submitted to the Department of General Services to initiate the process of the request.
b.
The Department of General Services is to determine that the subject private street is duly
shown on a plat or otherwise open to public use prior to July 1, 1990 or some other date as
may be established by State law.
c.
The Department of General Services is to determine that at least three (3) occupied
residential dwellings constructed prior to July 1, 1990 are being served by the subject
private street, or some other date as may be established by State law.
d.
Where the need for additional right-of-way can be readily determined by the Virginia
Department of Transportation, the owners of such property must indicate in writing their
willingness to donate to the Virginia Department of Transportation at the appropriate time
the needed right-of-way in fee simple.
e.
There is to be no speculative interest on any property abutting the subject private street as
defined by State law if funding for the project is to be derived from the RAP. In accordance
with State law, speculative interest is defined as a person or persons, including trusts,
estates, and corporations, or other similar entity, having ownership or interest in two (2) or
more lots, parcels, or tracts of land, or an equivalent amount of linear frontage abutting the
subject private street.
f.
In instances where speculative interest is established according to the Guideline No. 6 and
the Board of Supervisors deems that extenuating circumstances exist, then such private
streets may still be eligible for inclusion in the RAP provided all other qualifying guidelines
are met.
g.
Those persons or persons, including trusts, estates, and corporations, or other similar entity,
who have speculative interest as defined herein are to pay in advance a pro rata share of all
costs associated with improving the subject private street. Corresponding to State law, the
pro rata share is determined by the proportion of the assessed value of the abutting parcels
or property which constitute the speculative interest to the total assessed value of all
properties abutting the subject private street.
h.
Costs incurred by the County in completing necessary tasks which are not eligible for
financing under the RAP are to be prepaid from the County’s next fiscal year appropriation
to the RAP. Such costs are to include the preparation of deeds and survey plats for obtaining
any additional right-of-way or easements, relocation of utilities, etc. For illustrative
purposes, if costs for surveyed plats, utility relocations equal $5,000 for private street X,
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then the County’s contribution to the RAP for the next fiscal year will be reduced in an
equal amount.
Costs associated with the relocation of mail boxes, fences, structures, etc. are to be borne
by each individual property owner whose mail box, fence, structure, etc., is being affected
or by some other arrangement which does not involve any cost of the County.
i.
Where a private street fails to meet, either partially or fully, any of the eligibility guidelines,
then a owner or owners of property abutting the private street may pay all costs for
improving the street so that it may be included in the State Secondary Road Maintenance
System. The Board of Supervisors will make County staff available to provide assistance
to the property owners to coordinate such a project with the Virginia Department of
Transportation.
j.
So that funding is consistent from year to year, the Board of Supervisors may designate
that a portion of the County's annual appropriation to the Revenue Sharing Program be
directed to eligible private street projects formally included in the RAP. Generally, the
amount of the appropriation is to be equal to the State's annual allocation to the RAP.
k.
The priority of private streets in the RAP is contingent on the point in time when all the
necessary tasks have been completed and the project is ready for construction. Once ready
for construction, the project is then deemed to be eligible and is to receive an annual
installment of funds which will accumulate until the total construction cost is appropriated.
The priority of streets may be reviewed annually by the Board of Supervisors.
l.
The amount of the County's contribution to the RAP may be reviewed annually by the
Board of Supervisors in conjunction with the annual review of the County's Six Year
Secondary Road Priority Plan and the Secondary Road Construction Budget.
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ARTICLE V
Street Lighting
(Adopted March 17, 1994; Revised September 6, 2001; Revised February 13, 2007)
Section 5.0
Residential Requests
Residential streetlights will be installed upon citizens' request based on the following criteria:
1. Where five (5) dwellings, commercial establishments, churches, schools, or a combination
thereof are located on either side of a thoroughfare within a distance of 600 feet, subject to the
following:
a. A petition shall be filed with any request for installation of streetlights. If the lights are not
in a platted subdivision or if the light or lights are part of an addition of three lights or less
to an existing streetlight system, whether in a subdivision or not, then the petition shall
include the signature of the owner or resident of any dwelling which is located on a lot or
parcel within 150 feet of the proposed location of each streetlight. If the request is for the
installation of a streetlight system for an entire platted subdivision or an identifiable section
of a subdivision with ten (10) or more lots, then the petition shall include the signatures of
the owners or residents representing sixty (60%) percent of the subdivision or section of a
subdivision to be served by the proposed streetlights.
b. Each light shall be on the right-of-way of a public road.
c. Each light will serve a minimum of three (3) dwelling units or as necessary to illuminate
an intersection of public roads.
d. A system of three (3) lights can be installed based on #c above; or an individual light will
expand an existing system of two (2) or more lights; or there is a significant public safety
reason for installing less than three (3) lights.
e. The Department of General Services shall administer this policy on behalf of the Board of
Supervisors and shall have the authority to approve requests. If the request is not approved,
written notice explaining the reasons for denial shall be sent by the Department of General
Services to the person submitting the request with a copy to the Board of Supervisors.
Appeal of the decision of the Department of General Services to the person submitting the
request with a copy to the Board of Supervisors. Appeal of the decision of the Office of
Community Development shall be made to the Board of Supervisors.
2. In subdivisions with existing underground utilities or other areas, streetlights will be erected
upon request of at least sixty (60%) percent of the residents of the subdivision or area to be
served. Such request shall be made by written petition on a form supplied by the Department
of General Services. After receipt of the petition, the Department of General Services shall:
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a. Assess the street lighting needs of the area including nearby areas which, may logically
and economically be included in a street lighting program.
b. Maintain an overall street lighting plan in conjunction with Dominion Virginia Power,
Community Electric Cooperative or other public utility company having jurisdiction,
and the Virginia Department of Transportation. The plan shall include the size and
location of all streetlights and a budget for both installation cost and annual service
charges.
c. The plan and budget shall be presented to the Board of Supervisors with copies of the
petition and the Department of General Services’ assessment of the street lighting needs
for the area. The Board may deny the request for streetlights or approve the request. If
approved, the Department of General Services shall schedule the installation of the
lights with Dominion Virginia Power, Community Electric Cooperative or other public
utility company having jurisdiction.
Section 5.1
Non-Residential Requests
Streetlights on the rights-of-way of public roads in developed non-residential areas will be erected
based upon streetlight plans and budgets prepared by the Department of General Services as part
of the Capital Improvements Program. Individual streetlights in developed non-commercial areas
may be erected upon request based upon immediate public safety concerns after approval by the
Board of Supervisors. Streetlights within new non-residential developments shall be installed by
the developer in accordance with the requirements of the Zoning and Subdivision Ordinances
during the site plan review.
Section 5.2
Streetlight Standards
1. Residential Areas
a. No light shall emit more than 8500 lumens or use more than 120 watts. Lights using
less than 100 watts are encouraged as long as lights can emit the minimum lumens
needed to illuminate 300 linear feet of streetscape. In addition, to account for unique
topographic conditions of any site, if the applicant can demonstrate either with written
confirmation from the utility company or with a photometric plan that a lower-lumen
light will provide adequate coverage and not create dark zones, that light may be
accepted. Otherwise, lights in the 8000-8500 lumen range are recommended.
b. Lights shall be placed 300 feet apart, except in instances where the street frontage for
any lot cannot be minimally lit without a variance to the standards for spacing.
Variance requests regarding spacing standards may be approved by the Director of
General Services.
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c. All street lights shall:
1. Facilitate oblong illumination parallel to the streetscape.
2. Depending upon the product availability of the utility company, street lights shall
be semi-cutoff, cutoff or full-cutoff type. If available, full-cutoff type, or the
discretion of the Director of General Services, lighting meeting specification
equivalent to the full-cutoff type, shall be required.
3. Be mounted at heights not to exceed sixteen (16) feet for new installation. For
installation on existing power poles, the Director of General Services shall utilize
discretion in accordance with utility company specifications.
4. Be directed downward with fixture opaquely covered on top.
d. Each light shall be on the right-of-way of a public street.
e. Where options exist for utilization of a lower-energy bulb that is compatible with the
desired design and able to meet minimum lumen standards, the more efficient option
shall be required.
f. In circumstances of light failure, due to burnout or damage, the Department of General
Services shall be notified. Upon notification, the Department of General Services shall
be responsible for investigating possible options for lower energy replacement that
meet the street light standards above prior to re-ordering the same light.
g. All subdivisions served by Dominion Virginia Power shall use Type 1 light fixtures
that utilize a Type 3 lighting distribution pattern (per 2005 Dominion Virginia Power
Outdoor Lighting Products directory).
h. All variance, exceptions, and code determination requests shall be handled by the
Department of General Services.
2. Non-residential light standards shall be established in the individual streetlight plans for such
areas. Standards shall be coordinated with the Virginia Department of Transportation
standards for roadway lighting. Each light shall be on the right-of-way of a public street.
Section 5.3
Installation and Maintenance Costs
All installation cost for installation of street lighting will be the responsibility of the requestors
(petitioners). Where the proposed system lies within the dedicated right-of-way and the local
power company required such installation only be contracted by the public utility, the requestor
(petitioners) will sign an agreement with the County guaranteeing full payment to the County of
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all installation charges as well as administrative costs to the County in contracting for such
installation. The requestors (petitioners) shall be responsible for the construction and operational
costs for a seven (7) year period beginning with the energizing of the lighting system.
Evidence of compliance with this requirement shall be secured prior to the County's agent
approving the installation. Compliance may take the form of cash to be held by the County until
such installation has been completed, or such costs may be bonded with adequate surety to the
satisfaction of the County's agent. The cost of operation of the lighting for a seven (7) year period,
however, shall be a cash settlement as a prerequisite to the County agent's approval of the
installation.
Section 5.4
Installation of lights at the request of the Board of Supervisors for public health,
safety and welfare
The Board of Supervisors may also prescribe the installation of street lighting in the interest of
public health, safety and welfare, based upon the following Criteria:
a. As part of an overall master plan or other area plan being implemented by the County;
b. As part of a Community Development Block Grant or other grant project being
administered by the County; or
c. To address vehicular and pedestrian safety concerns, after consultation with the Isle of
Wight County Sheriff’s Department and the Virginia Department of Transportation, as
appropriate, that:
1. Lighting deficiencies are determined to contribute to the accident rate;
2. Where right-of-way curvature limits sight distance and causes a safety deficiency;
3. In areas of documented high criminal activity; or,
4. For pedestrian safety.
Section 5.5
Saving Clause
Nothing in this policy shall be deemed to preclude the installation of street lights, or the
upgrading of existing street lights at the discretion of the Board of Supervisors.
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ARTICLE VI
Rules and Procedures for the Industrial Development Authority
(Adopted by the Isle of Wight County Industrial Development Authority)
Section 6.0
Purpose and Scope:
Purpose
These Rules shall govern the submission of Applications to the Authority, application and
administrative fees, consideration of matters to be brought to the attention of the Authority relating
to the authorization, issuance and sale of its Bonds, the adoption of Financing Documents, reports
to be submitted to the Authority, and such other matters as are contained herein.
Scope
These Rules are supplementary to the Authority’s Bylaws and the Act, as hereinafter defined. In
the event of any conflict between the Authority’s Bylaws, the Act and these Rules, the provisions
of the Bylaws and the Act shall prevail.
Section 6.1
Definitions:
As used in these rules and procedures, the following terms shall have the meanings as set forth
herein, unless the context clearly requires otherwise:
“Act” shall mean the Virginia Industrial Bond and Revenue Bond Act, Chapter 49, Title 15.2,
Code of Virginia of 1950, as amended.
“Applicant” shall mean any individual, person, firm, corporation, partnership or other entity
applying for industrial development revenue bond financing, or for whose benefit the Authority
has issued its Bonds, or who requests the Authority to take any action.
“Application” shall mean the Authority’s application for industrial development revenue bond
financing as in effect from time to time.
“Authority” shall mean the Industrial Development Authority of the County of Isle of Wight, a
political subdivision of the Commonwealth of Virginia.
“Bonds” shall mean any notes, bonds and other obligations authorized to be issued by the Authority
pursuant to the Act.
“Code” shall mean the Code of Virginia of 1950, as amended.
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“Financing Documents” shall mean any resolutions, instruments, documents, papers, elections,
certificates or financing statement required to be adopted or authorized, executed and delivered by
the Authority in connection with the authorization, issuance and sale of its bonds.
“IRC” shall mean the Internal Revenue Code of 1986, as amended.
“Project” shall mean any land, improvements, machinery, equipment or property financed by the
issuance and sale of the Authority’s Bonds.
“Rules” shall mean these Rules and Procedures of the Authority, as may be in effect from time to
time.
Section 6.2
General:
Copies to be Provided Applicants
A copy of these rules and procedures shall be furnished by the Authority’s Secretary or designee
to each applicant.
Compliance with Rules and Procedures
Each applicant shall comply with these rules and procedures in the submission of its Application
or any Financing Documents to the Authority and in requesting that the Authority take any action,
including the adoption of Financing Documents. Failure to comply with these rules and procedures
shall constitute sufficient reason for the Authority to refuse to consider any Application, Financing
Documents or any other matter to be brought before the Authority by or on behalf of any applicant.
Amendments
These rules and procedures may be changed from time to time by the Authority by the vote of a
majority of its Directors present at any meeting of the Authority, provided notice of such change
shall have been given to each Director before such meeting. These rules and procedures may,
notwithstanding the foregoing, be amended without proper notice upon the affirmative vote of all
Directors of the Authority.
Section 6.3
Application Procedures, Fees and Requirements:
Applications
Each Applicant shall submit a fully and accurately completed Application to the Authority’s
Secretary at least fifteen (15) days before the Authority’s meeting at which the Application is to
be considered. Each Application shall include all requested exhibits. In the event all requested
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exhibits are not available a statement of explanation will be attached to the Application. If the
Applicant is a new or recently formed business entity, without recent financial statements, the
Applicant shall furnish the financial information required by the Application for each principal
shareholder, partner or other principal of the Applicant. If the Applicant is a subsidiary corporation
without its own financial statements, financial statements of the parent corporation or consolidated
financial statements may be submitted in lieu of financial statements for the Applicant. If the
obligations of the Applicant will be guaranteed by any person or a business entity, then financial
statements of such guarantor shall also be included with the Application. Pro forma financial
statements, if available, should be submitted with applications. At the request of the Applicant,
all financial statements submitted by such Applicant shall not be subject to disclosure under the
Virginia Freedom of Information Act.
Application Fees
The Authority charges an application fee of Five Hundred Dollars ($500). The application fee shall
be paid to the Authority prior to consideration of the inducement resolution to be adopted on behalf
of the Applicant. Application fees, upon acceptance by the Authority, are non-refundable. No
interest shall be paid on application fees held by the Authority.
Administrative Fees
a.
Unless otherwise agreed by written instrument by and between the Authority and an
Applicant, an Applicant seeking, and eligible for, the issuance of qualified 501 (c) (3)
bonds under Section 145 of the IRC, by the Authority shall pay an annual administrative
fee equal to 1/8th of 1% of the outstanding principal balance of the Bonds payable on July
1 of each year, beginning on July 1 of the year following the first anniversary of the
issuance of the Bonds until payment of the Bonds in full, or, at the election of the Applicant,
in lieu thereof, a one-time administrative fee due and payable at Bond closing.
b.
Unless otherwise agreed by written instrument by and between the Authority and an
applicant, any Applicant seeking, and eligible for, the issuance of all other Bonds by the
Authority after March 1, 2000, and not addressed in subsection a above, shall pay an annual
administrative fee equal to 1/8th of 1% of the outstanding principal balance of the Bonds
payable on July 1 of each year, beginning on July 1 of the year following the first
anniversary of the issuance of the Bonds until payment of the Bonds in full, or, at the
election of the Applicant, in lieu thereof, a one-time administrative fee due and payable at
Bond closing.
The one-time administrative fee (i) shall be equal to the net present value of the cash flow
derived from payments on an annual administrative fee in the amount set forth in clause
(iii) below and payable on July 1 of each year, beginning on July 1 of the year following
the first anniversary of the issuance of the Bonds during the period the Bonds are
outstanding, (ii) shall be calculated using an annual discount rate equal to the yield of the
Bonds as calculated in accordance with Section 148 of the IRC by the initial purchaser or
underwriters of the Bonds, as applicable, and (iii) shall be based upon an annual fee equal
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to the sum of 1/8th of 1% of the outstanding principal balance of the Bonds to be paid in
accordance with the payment terms of the Bonds.
c.
The Authority requires reimbursement of its costs and expenses incurred with the issuance
and sale of its bonds and by virtue of its Bonds being outstanding.(See Section 6.4).
Transcripts of Proceedings
Each Applicant receiving Bond financing through the Authority shall furnish to the Authority upon
the sale and delivery of the Bonds, two complete transcripts of the Financing Documents relating
to such Bonds. Bond transcripts shall be hardback bound in library standard quality binders at the
cost and expense of the applicant.
Bond Validation Proceedings
The Authority may require that before issuance, its Bonds be validated by the Circuit Court of Isle
of Wight County, Virginia, pursuant to the requirements of the Public Finance Act of 1991. The
costs, expenses and fees incurred in connection with any bond validation proceedings required by
the Authority including attorney’s fees, shall be paid by the Applicant.
Additional Information Required of Applicants
a.
The Authority may adopt an inducement resolution conditioned upon the subsequent
furnishing of certain information satisfactory to the Authority. All required information
shall be promptly furnished to the Authority and failure of any Applicant to furnish such
information shall constitute a ground for rescission of any inducement resolution adopted
pursuant to such conditions.
b.
The Authority may, at its option, require the furnishing of appraisals, evaluations or reports
respecting the project or any portion thereof. The Authority may retain advisors and
consultants to advise it regarding any Project or other action which it is requested to
undertake by any Applicant. All costs, fees and expenses of such appraisals, reports,
consultants and advisors shall be paid by the Applicant.
c.
Since the Authority usually acts based upon information furnished to it solely by the
Applicant, the Authority reserves the right to require at any time the furnishing of
additional information concerning the Applicant, its financial statements, and any other
information deemed relevant by the Authority, particularly in instances where the
Applicant may have undergone changes in form or management or where the security to
be given for payment of the Bonds has changed.
d.
Before final approval of the Applicant, the Applicant must provide the Authority with
written commitment for the purchase of the Bonds.
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Section 6.4
Provisions to be Incorporated into Resolutions and Financing Documents:
Inducement Resolutions
Each inducement resolution adopted by the Authority shall provide that it shall continue in full
force and effect for a period of two years unless specifically extended by the Authority.
Payment of Authority Expenses
The Financing Documents adopted by the Authority for the benefit of any applicant shall provide
that the Applicant agrees to pay all costs, fees and expenses incurred by the Authority (including
attorney’s fees) in connection with:
a.
The authorization, issuance and sale of the Authority’s Bond;
b.
The ownership, occupation, operation or use of the Project being financed, whether owned
by the Authority or the Applicant;
c.
Prepayment or redemption of the Authority’s Bond;
d.
Administrative costs and expenses of the Authority, including the fees of the attorneys,
engineers, appraisers, accountants or consultants paid or incurred by the Authority by
reason of the Bonds being outstanding or pursuant to requirements of the Financing
Documents; and
e.
Such other fees and expenses of the Authority, not directly related to the project being
financed for the Applicant, but attributable to the Authority’s financing of industrial or
commercial Projects, including without limitation, a share of costs of the Authority’s
annual audit as required by Code Section 15.2-4904; determined as follows:
All costs and fees relating to the annual audit and directly attributable to a particular
Applicant or Project, shall be charged to such applicant.
Indemnification of the Authority
Each applicant shall agree to indemnify and save harmless the Authority and its officers, directors,
employees and agents (hereinafter the "Indemnities”) from and against all liabilities, obligations,
claims, damages, penalties, fines, losses, cost and expense (hereinafter referred to as “Damages”),
including without limitation:
a.
all amounts paid in settlement of any litigation commenced or threatened against the
Indemnities, if such settlement is affected with the written consent of the Applicant;
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b.
all expenses reasonably incurred in the investigation of, preparation for or defense of any
litigation, proceeding or investigation of any nature whatsoever, commenced or threatened
against the Applicant, the Project or the Indemnities;
c.
any judgements, penalties, fines, damages, assessments, indemnities or contributions; and
d.
the reasonable fee of the attorneys, auditors, and consultants; provided that the damages
arise out of:
-
failure by the Applicant, or its officers, employees or agents to comply with the
terms of the Financing Documents and any agreements, covenants, obligations, or
prohibitions set forth therein;
-
any action, suit, claim or demand contesting or affecting the title of the project;
-
any branch of representation or warranty set forth in the Documents or any
certificate delivered pursuant thereto, any claim that any representation or warranty
of the Applicant contains or contained any untrue or misleading statement of fact
or omits or omitted to state any material fact necessary to make the statements made
therein not misleading in light of the circumstances under which they were made;
-
any, action, suit, claim, proceeding or investigation of a judicial, legislative
administrative or regulatory nature arising from or in connection with the
construction, acquisition, ownership, operation, occupation or use of the Project; or
-
any suit, action, administrative proceeding, enforcement, action or governmental or
private action of any kind whatsoever commenced against the Applicant, the
Project or the Indemnities which might adversely affect the validity or
enforceability of the Bonds, the Financing Documents, or the performance by the
Applicant or the Indemnitee of any of their respective obligations thereunder.
Bond Counsel Opinion Required
Before issuing and delivering any of its Bonds, the Authority shall receive an approving opinion
of bond counsel, approved by the Authority stating, among other things that the Bonds have been
duly authorized, executed, issued and delivered and that the interest thereon is exempt from Federal
Income Taxation under IRCS 103 (or other applicable provision of law) and taxation by the
Commonwealth of Virginia.
Covenants to Preserve Tax Exempt Status of Bonds
All Financing Documents presented for approval by the Authority shall contain appropriate
covenants of the Applicant designed to insure compliance with the requirements of IRCS 103 (or
other applicable provision of law) to preserve the tax exempt status of interest on the Bonds,
including without limitation, “arbitrage” requirements, capital expenditure limitations and
reporting requirements.
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Section 6.5
Reports:
Interim Reports by Applicants
Each applicant shall file with the Authority a written report describing the status of its proposed
financing no later than the last day of the second month after the adoption of an inducement
resolution for the Applicant and every three months thereafter until the adoption of any Financing
Documents by the Authority. Such written reports shall include the proposed purchase of the
Bonds, the proposed terms of the Bonds, the status of Financing documents, and the current status
of the Project. Each Applicant shall promptly notify the Authority of any significant or material
changes to any information furnished by the Applicant to the Authority.
Annual Reports of Applicants
Each Applicant, after the issuance and sale of the Authority’s Bonds for the benefit of such
Applicant shall annually report to the Authority no later than June 30 the status of the Project,
which shall include the outstanding and unpaid balance of Bonds issued for the Project, whether
any default has occurred under the Financing Documents, and other information relating to the
financing of the Project and benefits to Isle of Wight County.
Reports by Authority Chairman, Directors, etc.
At each regular meeting of the Authority, the Chairman, each Director, the Secretary and the
Authority’s counsel shall report any action taken on behalf of the Authority since the last regular
meeting. No later than September 1 of each year, the Chairman of the Authority shall report in
writing to the Authority on the status, as of the end of the Authority’s fiscal year, of each active
and outstanding inducement resolution of the Authority and the status of the Authority’s Bonds.
Section 6.6
Statements of Policy:
Reserve the Right to Deny Applicant
The Authority hereby reserves the right to deny the application of an applicant after reviewing the
Project.
Construction, Operation and Effect of Rules
These Rules are intended as guidelines to promote and insure the orderly and consistent
consideration of Applications, Financing Documents and other matters brought before the
Authority. For good cause, application of these Rules may be modified and waived upon a case
by case basis upon the consent of the Authority.
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Any action taken by the Authority not in conformity with these Rules shall, nevertheless be fully
effective as if taken in compliance with these Rules. It is, however, the policy of the Authority
that each Applicant comply fully and completely with these Rules, and failure to comply with
these Rules may constitute grounds for refusal by the Authority to take any action requested.
Approval of Inducement Resolution not to Constitute an Endorsement of Applicant
The purpose of the Authority, as set forth in the Act, is to promote industry and to develop trade
by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or
remain in the Commonwealth of Virginia. Pursuant to the Act, the Authority’s powers shall be
exercised for the benefit of the inhabitants of Virginia and Isle of Wight County through the
promotion of their safety, health, welfare, convenience or prosperity. Accordingly, the Authority’s
decision to adopt an inducement resolution or take other action will be based largely upon these
factors. Further, the Act prohibits the Authority from operating any enterprise or project. Since
the Authority is a conduit for providing tax exempt financing to promote the commerce and
industry of the Commonwealth of Virginia and Isle of Wight County, and given the express
prohibition against operating enterprises or projects, the Authority believes it is improper to inquire
into matters relating to the business judgement of the management of any Applicant not relevant
to the foregoing factors. The Authority may, however, examine the business decisions and other
aspects of management of the Applicant should it deem such matters relevant to the authorization,
issuance and sale of its Bonds.
In view of the foregoing limitations, the adoption of an inducement resolution or any other action
taken by the Authority is not to be used by any Applicant in any manner whatsoever as an
endorsement or approval of the Applicant, its policies or its management.
Security for Payment of Bonds
The Authority may require that any issue of its Bonds be fully and adequately secured by a lien
upon or security interest in the Project financed with the proceeds of such Bonds. The Authority
may require an appraisal of the Project showing that it is valued in an amount sufficient to pay the
outstanding principal amount of the Bonds issued to finance such Project.
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ARTICLE VII
Private Water System Acquisition Policy
(Adopted November 4, 2004)
Section 7.0
Introduction
As more stringent drinking water regulations are enacted, additional water systems in Isle of Wight
County will become non-compliant. In addition, many well systems have not been adequately
maintained to ensure continuous service. Periodic request will be brought to the County to acquire
these systems or to provide potable water service.
The following policy formulates the general methodology for private well system acquisitions, and
will provide the basis for a recommendation to the Board of Supervisors by the Department of
Public Utilities.
Section 7.1
Methodology
The methodology implemented in the acquisition of well systems focuses on a cost analysis
approach. In addition, new facilities required to upgrade the well systems should not impact the
existing County water users, and most importantly should not require the County to acquire a
system with potential long term regulatory impacts. This methodology should be implemented
unless a situation affecting the health and welfare of citizens arises. These situations will be
handled as an emergency and will be discussed under Section 7.2 of this document. The following
is a discussion of the seven (7) step procedure which evaluates the acquisition feasibility of specific
neighborhood well systems.
a.
Request For County Acquisition: Prior to Isle of Wight County’s consideration to acquire
any well system, a request shall be submitted to the Department of Public Utilities. In the
event an existing well system fails, threatening the health and welfare of impacted
residents, the County reserves the right to temporally intervene with service or other means
until a final resolution can be achieved.
b.
Regulatory Standards: Continual review and implementation of drinking water regulations
are forecast throughout the next decade. Prior to acquisition of a neighborhood well system,
an evaluation of the system’s water quality will be required to ensure the water supply
meets all regulations. This review is extremely important with systems, which cannot be
connected to the County’s transmission system.
c.
Comprehensive Land Use: Acquisition of private well systems, especially those which fail
to meet potable water regulations, will place a financial and potential legal burden on Isle
of Wight County. In reviewing systems which are not in compliance with all federal and
state regulations, it will be imperative to ensure the neighborhood distribution systems can
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be connected to the County’s system in an economical fashion. In addition, a review of the
County’s Comprehensive Land Use Plan is required to ensure water transmission
improvements will not impact areas identified to remain undeveloped. Neighborhood
systems, which are not in compliance with federal and state regulations and are not
accessible to the County’s system, should not be considered for acquisition, unless a healththreatening situation exists. This would minimize any future legal or economical impact to
the County.
d.
Economic Evaluation: All systems acquired should be self supporting within a ten (10)
year period. To determine a systems economic forecast, a review of projected revenues
and expenses will be evaluated on a ten-year period as follows:
Revenues:

Number of potential new customers times connection fees.

Number of customers times estimated average consumption times current water rate.

Other income expected from the system.
Expenses:

Number of customers times estimated annual operating cost per customer.

Annual estimated repair cost, (determined by on-site inspection of system).

One-time capital improvement costs necessary to bring system up to County standards
and meet all regulatory mandates.
Based on the above revenues and expenditures, a system must provide a positive cash flow
after a 10-year period to protect the County from any additional long-term debt.
e.
Resident Assessment: If a well system expenditure exceeds revenues over the calculated
10 year return period, the residents could be provided an assessment option for the
differences. This assessment will be billed over a five (5) year period. All residents may
pay the remaining balance at any time during the five-year period.
f.
Neighborhood Petition Process: Residents of the well system will be mailed a letter
agreement outlining the proposed system acquisition by the County. The agreement shall
state all required fees and assessments if appropriate. Upon concurrence with the stipulated
requirements, the residents will sign the agreement and forward back to the Department of
Public Utilities. A minimum of 66.7% (2/3) approval will be required for an acquisition
recommendation by the Department of Public Utilities.
g.
Staff Recommendation: Based on the technical, land use, petition process, and cost
analysis factors, the Department of Public Utilities will prepare and present a staff
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recommendation to the County Administrator and Board of Supervisors for their review
and action.
Section 7.2
Emergency Well or Supply Failure
As private well systems fail to supply adequate or safe potable water and system owners have not
escrowed sufficient funding to rehabilitate their systems, the County will potentially be requested
to provide either a temporary or permanent solution to ensure the health and welfare of the
impacted residents. Depending on the location of the impacted system and the degree of repairs
required, it will be necessary for the County, through the Department of Public Utilities, to
establish the cost impacts and the party responsible for assessing costs.
a.
Temporary Service: Upon receipt of a request to provide assistance, the Department of
Public Utilities will attempt to contact the system’s owner to execute the necessary
arrangements and agreements to provide the impacted residents access to potable water.
Depending on the location of the system, supply of available water may be provided
through the following methods:
1.
Temporary connection to County system.
2.
Access to the County system for container filling.
3.
Bottled water through a private supplier.
All costs associated with providing these services will be the responsibility of the well
system owner. In the event the well system owner is unavailable, the Department of Public
Utilities will attempt to reach agreement with the impacted residents. The associated costs
will then be allocated to the residents.
In addition, the Department of Public Utilities shall provide a formal written notification
to the State Corporation Commission on all system failures governed by the Commission
within the County.
b.
Permanent Service: Upon request for permanent service from the well owner or the
residents to the County, the Department of Public Utilities will proceed to evaluate the
existing system in accordance with procedures outlined in Section 7.1.
Section 7.3
Mandatory Connection and Charges
With Board of Supervisors approval for a system acquisition, all residents of the system will be
required to pay the fees stated in the petition agreement.
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Section 7.4
Conclusion
The Private Neighborhood Water System Acquisition Policy allows the County to evaluate the
acquisition of systems based on technical, land use, and financial factors, while providing
assistance to residents in a water emergency situation.
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ARTICLE VIII
Code Enforcement Policy
Section 8.0
General Principles
The Code Enforcement Policy contains the procedures to be followed in the enforcement of code
violations and other violations dealing with land use. The establishment of this policy is deemed
necessary to ensure fairness and consistency in administering the code enforcement provisions of
the Isle of Wight County Code.
Section 8.1
Administration
The Zoning Administrator (under the supervision of the Assistant County Administrator) shall be
responsible for administering the Code Enforcement Policy and maintaining a fair and consistent
process for code related violations. The Code Enforcement Officer(s) is responsible for the dayto-day application and enforcement of the policy.
A database shall be established to track the history of code violations on individual properties.
Section 8.2
Applicability
The following types of violations shall be governed by the provisions of the Code Enforcement
Policy and are grouped according to the severity of the type of offense:
Type I Offenses:

Garbage, Weeds and Litter

Abandoned and Inoperative Motor Vehicles

Miscellaneous Zoning Violations
Type II Offenses:

Wetlands, Chesapeake Bay and Erosion and Sediment Control Violations

Junk Yard, Garbage Dump, Rubble and Sanitary Landfill
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Type III Offenses:

Violations of Imminent Threat to Health and Safety
Section 8.3
Method for Discovery of Violations
The discovery of violations may be reported by the following methods:
a.
Written or Verbal Correspondence is an acceptable means of receiving a complaint of
possible violation. The complaint may be made by written correspondence, by telephone
communication, or in person. A complainant is not required to disclose his or her name
when reporting a possible violation.
b.
Field Observation is another acceptable means of receiving a complaint of possible
violation. Any member of the County staff or elected or appointed office may observe a
complaint while in the field and relay the possible violation to the Code Enforcement
Officer for investigation.
c.
The Code Enforcement Officer shall maintain a record of all complaints, including the date,
time, property identification, and method of discovery.
Section 8.4
Required Procedures for Investigating a Complaint of Violation
a.
Desk Research to be completed:
The complaint must be logged on a form designated by the Zoning Administrator and
approved by the County Attorney for use under the Code Enforcement Policy. All
information must be completed, and the required desk research completed in an attempt to
assess the validity of the complaint prior to the conducting an initial field inspection.
b.
Initial Field Inspection:
An initial field inspection shall be conducted prior to sending written correspondence
regarding the complaint. The Code Enforcement Officer shall attempt to make personal
contact with the property owner while conducting the initial field inspection. If the
complaint does not involve an imminent threat to health or safety, the Code Enforcement
Officer shall attempt to inform the property owner by telephone of the anticipated date and
time of the field inspection so that the property owner may be present if he wishes.
If the Code Enforcement Officer is unable to make contact with the property owner after
making two separate attempts to call the property owner on different days, the Codes
Enforcement Officer may proceed with the field inspection.
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c.
1.
If, during the field inspection, it is determined that property owner is not present on
the property, a door hanger or similar notification shall be left in the most visible
location possible to advise the property owner or occupant to contact the Code
Enforcement Officer with regard to the violation.
2.
If, during the field investigation, it is determined that the property is vacant, a first
notice shall be forwarded in accordance with the provisions of this policy.
First Written Notice:
If, after the initial field inspection is conducted, the complaint is determined to be valid, a
first notice shall be forwarded in accordance with the provisions of this policy.
Should a determination be made that the violation may also be in violation of regulations
of another department and/or State or federal agency, based upon the knowledge of the
Code Enforcement Officer, notification of such referral shall be included in the first written
notice in accordance with subsection (d) below.
d.
Notification to Other Departments and/or External Agencies:
If the violation is deemed to be solely under the jurisdiction of another department and/or
external State or federal agency, a written notice shall be forwarded to the agency with
jurisdiction over the violation. The property owner shall also be notified that the
determination of violation may involve another agency’s jurisdiction.
e.
Active File Maintenance:
A file shall be maintained on all active violations and shall include:

Copy of the completed complaint form;

Documentation of all verbal and written communication;

Photographs of the violation;

Field inspection notes, including the date of the inspection and whether initial contact
was made with the property owner; and

Relevant legal documents.
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Section 8.5
Method for Processing Violations
a.
Type I Offenses
Following the initial field inspection and a determination that a violation exists, the following steps
shall be undertaken in processing a Type I Offense until the violation is resolved:
1.
First Notice of written correspondence shall be forwarded to the property owner of
record in the County Real Estate Office by regular mail. The first written notice
shall include the nature of the violation, the date of the initial inspection, the
required corrective action (including any options providing resolution under the
provisions of the appropriate Code and/or Ordinance), the time allowed for
resolution of the complaint and date of expiration, typically fifteen (15) working
days as determined by the Code Enforcement Officer, and notification of referrals
to other departments and external agencies.
2.
After the time period for correction of the violation has lapsed, a follow-up
inspection shall be conducted and should include an attempt to make personal
contact with the property owner to verify compliance and/or reasons for
noncompliance.
a.
The Code Enforcement Officer shall conduct a second inspection once the
time allowed in the first notice has expired, allowing for reasonable time for
delivery of the notice.
b.
On a case-by-case basis, the Code Enforcement Officer may allow for a
reasonable extension of time, if it is determined that significant progress has
been made, or should the property owner represent circumstances that
would warrant such extension. Written documentation shall be placed in
the file noting the reason the time extension is being granted and the amount
of additional time that is being allowed to correct the violation.
3.
If compliance has not been achieved, a second notice shall be sent by regular mail,
advising the property owner of the County’s intent to exercise its authority to
correct the violation if compliance is not achieved within seven (7) working days.
4.
If compliance is not achieved under the terms set forth in the second notice, a third
notice shall be forwarded by certified mail setting forth the steps the County
proposes in exercising its authority to correct the violation, and shall be in
accordance with the following procedures:
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a.
b.
Garbage, Weeds and Litter Violations
i.
The County shall retain contracted services to resolve the violation and bill
the property owner for the cost of the services.
ii.
The property owner shall receive two (2) invoices allowing thirty (30) days
each for payment of the invoice.
iii.
If payment is not received within thirty (30) days after the second invoice,
collection of payment in accordance with provisions of law, subject to the
approval of the County Attorney:
.
A lien shall be placed against the property on which the violation
occurred, and shall include collection fees.
.
If the property is sold before payment is collected, a garnishment or
levy shall be sought to satisfy payment and shall include collection
fees.
.
Legal action shall not take place without prior approval of the
County Attorney.
Abandoned and Inoperable Vehicle Violations:
The County shall retain contracted services to remove the abandoned and/or
inoperable vehicle for disposal at a licensed salvage yard. This service shall be at
no cost to the County, unless otherwise approved by the Board of Supervisors.
c.
Miscellaneous Zoning Violations:
a. The property owner shall be re-advised of the options specified under the
Zoning Ordinance that may provide for resolution of the violation, and shall
be given ten (10) working days to file the required application.
b. If the property owner fails to file the required application, fails to follow
through with the application process, or the application is denied, the Code
Enforcement Officer shall take appropriate legal action in accordance with
provisions of law, subject to the approval of the County Attorney.
If the application is denied, the Code Enforcement Officer shall allow seven
(7) working days for the property owner to correct the violation before filing
proceedings with legal action. A reasonable extension of time may be
granted if it is determined that significant progress has been made, or should
the property owner represent circumstances that would warrant such
extension. Written documentation shall be placed in the file noting the
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reason the time extension is being granted and the amount of additional time
that is being allowed to correct the violation.
b.
iii.
A fourth written notice shall be forwarded by certified mail advising the
property owner that the legal action has been taken.
iv.
Legal action shall not take place without prior approval from the County
Attorney.
Type II Offenses
shall be undertaken in processing a Type II Offense until the violation is resolved:
1.
First Notice of written correspondence shall be forwarded to the property owner of record
in the County Real Estate Office. The first written notice shall include the nature of the
violation, the date of the initial inspection, the required corrective action (including any
options providing resolution under the provisions of the appropriate Code and/or
Ordinance), the time allowed for resolution of the complaint and date of expiration,
typically fifteen (15) working days as determined by the Code Enforcement Officer, and
notification of referrals to other departments and external agencies.
2.
After the time period for correction of the violation has lapsed, a follow-up inspection shall
be conducted and should include an attempt to make personal contact with the property
owner to verify compliance and/or reasons for noncompliance.
a.
The Code Enforcement Officer shall conduct a second inspection once the time
allowed in the first notice has expired, allowing for reasonable time for delivery of
the notice.
b.
On a case-by-case, the Code Enforcement Officer may allow for a reasonable
extension of time, if it is determined that significant progress has been made, or
should the property owner represent circumstances that would warrant such
extension. Written documentation shall be placed in the file noting the reason the
time extension is being granted and the amount of additional time that is being
allowed to correct the violation.
3.
If compliance has not been achieved, a second notice shall be forwarded by regular mail,
advising the property owner of the County’s intent to exercise its authority to correct the
violation if compliance is not achieved within seven (7) working days.
4.
If compliance is not achieved under the terms set forth in the second notice, a third notice
shall be forwarded by certified mail setting forth the steps the County proposes in
exercising its authority to correct the violation, and shall be in accordance with the
following procedures:
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a.
The property owner shall be re-advised of the options specified under the
appropriate ordinance that may provide for resolution of the violation, and shall be
given ten (10) working days to file the required application.
b.
If the property owner fails to file the required application, fails to follow through
with the application process, or the application is denied, the Code Enforcement
Officer shall take appropriate legal action in accordance with provisions of law,
subject to the approval of the County Attorney.
If the application is denied, the Code Enforcement Officer shall allow seven (7)
working days for the property owner to correct the violation before filing
proceedings with legal action. A reasonable extension of time may be granted if it
is determined that significant progress has been made, or should the property owner
represent circumstances that would warrant such extension. Written documentation
shall be placed in the file noting the reason the time extension is being granted and
the amount of additional time that is being allowed to correct the violation.
c.
c.
A fourth written notice shall be forwarded by certified mail advising the property
owner that legal action has been taken.
d.
Legal action shall not take place without prior approval from the County Attorney.
Type III Offenses
shall be undertaken in processing a Type III Offense until the violation is resolved:
1.
The Code Enforcement Officer shall consult the Zoning Administrator and County
Attorney immediately upon notification and inspection of a violation, which poses an
imminent threat to health and safety.
2.
The property owner shall receive written notice to immediately cease all actions
contributing to the violation.
3.
The appropriate law enforcement authorities shall receive immediate notification of the
violation.
4.
The Zoning Administrator and Code Enforcement Officer shall consult the County
Attorney regarding further action to resolve the complaint.
Section 8.6
Repeat Violators
The Code Enforcement Officer may find instances of repeat violations, whereby compliance is
achieved in each case; however, the property owner repeatedly violates the code provisions. In
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such cases, an administrative consent order or injunction may be sought at the advice of the County
Attorney. Notice shall be sent by certified mail setting forth the steps the County proposes in
exercising its authority to correct the violation.
Section 8.7
Request for Search Warrant
In the event a property owner denies access to the property for an inspection to obtain evidence of
a complaint, the Code Enforcement Officer shall obtain a Search Warrant from the General District
Court Magistrate, after providing probable cause to conduct a search. Such action shall not take
place without prior approval of the County Attorney.
The Code Enforcement Officer shall be accompanied by a law enforcement official, while
conducting the search and shall take photographs of the code violation.
Section 8.8
Hiring Contractors
Bids shall be received in accordance with the County’s procurement procedures prior to
contracting the services of an individual or firm to assist in remedying a code violation.
Eligible contractors shall be properly licensed and shall not have active County code violations.
Section 8.9
Freedom of Information Act
The Zoning Administrator and the Code Enforcement Officer(s) shall comply with all of the
requirements of the Freedom of Information Act, contained in Chapter 37 of Title 2.2 of the Code
of Virginia. In particular, disclosure of the following information to the public shall be prohibited,
unless otherwise required by law:
“The names, addresses and telephone numbers of complainants furnished in confidence with
respect to an investigation of individual zoning ordinance complaints made to a local governing
body.” (Sec. 2.2-3705.3, 10. of the Code of Virginia)
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ARTICLE IX
Economic Development Incentive Policy for
Commercial and/or Mixed-Use Development
(Adopted July 15, 2010)
Section 9.0
Purpose
With the loss of International Paper, its associated support services, changes in manufacturing at
Smithfield Packing, and the effects of the current economic recession, the Isle of Wight County
Board of Supervisors recognizes the need to provide funding incentives to specific commercial
and/or mixed-use development as a means to stimulate commercial and retail development in Isle
of Wight County. This industry segment has been identified as a viable market for the County that
will diversify the County’s tax base, by increasing the percent of sales tax generated, and other
local revenue, including taxes on business licenses, machinery and tools, personal property, and
real estate. In 2009, Isle of Wight County commercial real estate revenue (including industrial)
made up only 15% of the real estate taxes collected.
Recent data reveals that Isle of Wight County is an under-stored market in the categories of
furniture,
building
material/garden
supplies,
clothing
accessories,
sporting
goods/hobbies/books/music and general merchandise. This is attributed to a small consumer base
and the competitive pressure among existing businesses which leads to further decline. These
deficiencies result in absorption of the County’s trade area market into that of neighboring
jurisdictions and leakage of retail dollars out of the County. Evidence of this was documented in
2006 with the County’s per capita taxable sales tax equating to only half of the state’s average and
75% of neighboring Suffolk. This is despite, the County’s per capita income being the fifth highest
in Hampton Roads and the highest of non-metro areas for the same period.
Section 9.1
Project Eligibility
In an effort to stimulate the growth of the commercial and retail industry sector, replace the loss
of tax revenue and jobs, curtail the leakage of retail dollars, and diversify the County’s revenue
base, the Isle of Wight County Board of Supervisors hereby establishes a Commercial and/or
Mixed-Use Incentive Policy applicable to the following types of development:
a. New development consisting of commercial/retail square footage in excess of 80,000
square feet with a minimum net new taxable investment in new construction of
$20,000,000.
b. New corporate office development/expansion with an employment base of twenty-five (25)
or more new full-time equivalent employees (FTE) and a minimum net new taxable
investment of $25,000,000.
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c. New multi-family residential developed in conjunction with commercial development,
consisting of one hundred (100) or more multi-family residential units and a net new
taxable investment of $20,000,000.
Section 9.2
Development Incentives
The Isle of Wight County Board of Supervisors will utilize a variety of incentive measures as
determined to be prudent to attract these new growth industries, including but not limited to the
following:
a. Review Fee Waivers
Development review fees may be waived for site plan and subdivision review, including
zoning and building permits.
b. Expedited Review Process
Expedited review projects receive a higher priority in the work flow of staff than other
review projects, including the resubmission of plans, and are allowed to proceed with the
issuance of an early land disturbing permit and a footing and foundation permit prior to
accomplishing final site plan approval.
c. Connection/Tap Fee Reinvestment
Connection/Tap Fees may be reinvested into the development for the installation of
required water and sewer utility improvements whereby the overall public benefit exceeds
the overall private benefit.
d. Proffer Flexibility
Pursuant to Section 15.2-2302 of the Code of Virginia as amended, and Section 1-1016(e)
of the Isle of Wight County Zoning Ordinance, the Board of Supervisors may waive the
requirement of a public hearing where an amendment to the proffered conditions is
requested by the profferor, provided that the amendment does not affect conditions of use
and density. Included in these provisions is the authority of the Board to make decisions
relative to the infusion of cash proffer contributions into the development for the
installation of needed transportation and utility improvements whereby the overall public
benefit exceeds the overall private benefit and any other amendment provided that the
amendment does not affect conditions of use and density.
e. Economic Development Incentive Grant
The Board of Supervisors shall be empowered to grant to qualified prospective businesses
or developers an Economic Development Incentive Grant (EDIG) equal to up to five years
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taxable return on investment created by the project. The Directors of Economic
Development and Planning & Zoning will collectively pre-qualify each prospective
business and related project, calculate long term taxable return on investment, and make a
grant award recommendation to the Board for approval. Prospective businesses or
developers must agree to enter into a performance agreement with the County that outlines
in detail the net new taxable investment and/or employment commitments to be generated
by the project. The agreement will include conditions under which the EDIG will be paid
out and claw-back provisions which would apply if the business or developer
underperforms.
f. Establishment of a Community Development Authority
Pursuant to Chapter 2, Article V, Section 2-14(a), the Board of Supervisors has the power
to consider petitions for the creation of community development authorities (CDA), in
accordance with the Virginia Water and Wastewater Authorities Act, Chapter 51, Title
15.2, Code of Virginia (1950, as amended), which may be created to finance the following
development within the proposed CDA boundary:
1) Roads, bridges, parking facilities, curbs, gutters, sidewalks, traffic signals, water
and sewer systems, stormwater management and retention systems, gas and electric
lines, and street lights;
2) Parks and facilities for indoor and outdoor recreational, cultural and educational
uses, entrance areas, security facilities, fencing and landscaping;
3) Fire prevention systems and rescue vehicles;
4) School buildings and related structures, when authorized by the locality and the
school board; and
5) Other public construction and special services that the Board may deem
appropriate, and which is consistent with the provisions of the Code of Virginia.
g. Establishment of a Tax Increment Financing District
A Tax Increment Financing (TIF) District may be established by County Ordinance to
direct a portion of identified incremental tax revenue towards improvements in a specially
established district for the purpose of eliminating blight or providing economic
development benefit.
h. Other incentives the Board may deem appropriate
The Board of Supervisors may consider other economic development incentives as may be
presented and deemed appropriate.
i. Sunset Provision
This resolution shall expire on August 1, 2015 unless otherwise repealed on an earlier date
by the Board of Supervisors.
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ARTICLE X
Pedestrian and Bicycle Facilities Development Policy
Section 10.0
Purpose
This policy is intended to establish an implementation strategy that clearly outlines the
requirements for creating a quality non-motorized transportation network as a priority of future
development in Isle of Wight County in accordance with the goals and objectives of the Isle
of Wight County Comprehensive Plan as follows:

Ensure that new developments (both commercial and residential) are safer for walking
and bicycling, and that the non-motorized transportation and recreation facilities
identified in the plan are constructed during development projects.
 County staff should require future developers to construct the public greenway,
pedestrian, and bicycle facilities that are indentified in the plan as part of their
developments.
 The County should act to codify specific requirements for pedestrian and bicycle
accommodations in the Zoning Ordinance to include, sidewalks on both sides of
roadways.
 As an advisory board to the Board of Supervisors, the Planning Commission’s
responsibilities include providing recommendations to the Board of Supervisors in
achieving the County’s vision for the location of pedestrian and bicycle facilities.
The Board of Supervisors of Isle of Wight County, through the creation and appointment of a
Bike and Pedestrian Committee (BPC), the adoption of the Pedestrian and Bicycle Facilities
Master Plan as a supplement to the Comprehensive Plan in 2006 amended 2009, and approval
of a Design Specifications Manual in 2009, has set forth a mechanism for citizen involvement
in the process of establishing priorities for facilities location and construction specifications to
be followed in the creation, enhancement and protection of bike and pedestrian facilities and
greenway corridors throughout the County.
This policy will serve to carryout and further define all aspects of implementation and funding
for the creation of a countywide non-motorized transportation network in Isle of Wight County.
Section 10.1
Applicability
The following project types shall be reviewed for compliance with the facilities identified in
the Bicycle and Pedestrian Facilities Master Plan.
A.
Any new development project which requires any of the following actions for
approval:
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i.
ii.
iii.
iv.
B.
Any existing development project which requires any of the following actions for
approval:
i.
ii.
iii.
iv.
C.
Conditional Use Permit (CUP)
Special Use Permit (SUP)
Rezoning
Preliminary Site Plan
Conditional Use Permit (CUP)
Special Use Permit (SUP)
Rezoning
Preliminary Site Plan
Any Subdivision of 5 or more lots, will construct bicycle and pedestrian facilities as
required by the Isle of Wight County Subdivision and Zoning Ordinances, regardless
of this policy.
Section 10.2
Requirements
A.
All applicants shall dedicate and record an easement as needed for the
implementation of the specifically designated facilities for the site in question, prior
to the issuance of a Zoning Permit for the project.
B.
The applicant will construct the bicycle and pedestrian facilities identified for the site
in accordance with the requirements of the Zoning Ordinance.
i.
ii.
C.
If the applicant does not wish to construct the pedestrian facilities, as required
by the Zoning Ordinance, they shall pay into the Pedestrian and Bicycle
Facilities Fund (PBFF) the amount of one hundred and twenty percent (120%)
of the engineering estimate, as approved by the County, for construction of the
designated facilities on their site by the County. This payment shall be made
prior to the issuance of a Zoning Permit for the project; or,
The applicant shall pay into the PBFF the amount of eighty percent (80%) of
the engineering estimate, based on on-site construction of the facility, as
approved by the County, which will then be used to fund off-site construction
of bike and pedestrian facilities as identified in the Pedestrian and Bicycle
Facilities Master Plan. This payment shall be made prior to the issuance of a
Zoning Permit for the project. The allocation of said funds and the location of
the facility to be constructed shall be determined at the discretion of the County.
In the event that development activity is scheduled to occur on a property where the
pedestrian and bicycle facilities have already been constructed (in accordance with
this policy), the applicant shall contribute their pro rata share of the real cost of the
project to the PBFF.
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Section 10.3
Pedestrian and Bicycle Facilities Fund (PBFF)
A.
The Pedestrian and Bicycle Facilities Fund (PBFF) shall be a Capital Project Fund to
hold funds tied to bike and pedestrian facilities construction capital projects as
identified in the Capital Improvement Plan (CIP).
B.
Funds from the PBFF shall be allocated every year through the normal CIP process
as follows:
i.
For funds contributed through Section 3(B)(i) of this policy the facility in
question will be built during the next budget cycle.
For funds contributed through Section 3(B)(ii) of this policy the construction of
facilities will be triggered by funds adequate for the construction of five hundred
(500) feet of new facilities or a distance (shorter or longer) which allows for the
facility to come to a reasonable terminus (such as a property line), as identified
by the Pedestrian and Bicycle Facilities Master Plan. Those facilities include but
are not limited to sidewalks, multi use paths, designated bike lanes, and widened
shoulders. With the exception of B(i) above.
ii.
C.
If the PBFF does not contain sufficient funds to implement the designated amount of
facilities those funds shall be retained and rolled over into the next budget cycle,
repeating if necessary, until such time as sufficient funds are available.
D.
The allocation of PBFF funds shall be considered on an annual basis. A regular report
of the fund shall be generated by the Isle of Wight County Budget and Finance
Department. This report will be distributed for consideration by the Bike and
Pedestrian Committee, with projects being identified in the Isle of Wight County
Parks and Recreation Department budget, and project management administered by
Isle of Wight County General Services Department. All projects shall be prioritized
according to the following hierarchy:
i.
ii.
iii.
iv.
v.
Funds shall be allocated to projects immediately adjacent to existing facilities
over projects which do not connect to an existing facility.
Funds shall be allocated to projects inside a Development Service District
(DSD) prior to projects outside a DSD.
Funds shall be allocated to projects according to the project prioritization
completed by the Bike and Pedestrian Committee (see attached).
This fund can be used to leverage additional construction funds as long as the
proposed project falls on the Pedestrian and Bicycle Facilities Master Plan, and
the proposed project has been approved by the Bike and Pedestrian Committee.
Perpetual maintenance of the Pedestrian and Bicycle Facilities constructed
through normal development activity and the requirements of this policy
should be considered in future budget cycles.
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Section 10.4
Construction Standards
A.
Sidewalks – Sidewalks shall be constructed within residential subdivisions as
required by the Isle of Wight County Subdivision Ordinance, they shall be located
within the public right of way, and constructed in accordance with VDOT
standards.
B.
Multi-Use Paths – Multi-Use Paths shall be constructed as required by the Bicycle
and Pedestrian Facilities Master Plan, they shall be located within an easement
dedicated to the County as required by this policy, and constructed in accordance
with the Isle of Wight County Bike and Pedestrian Facility Design Specifications
Manual.
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ARTICLE XI
Isle of Wight County Non-Residential Stormwater Management Fee Credit Policy
Section 11.0
Introduction
On May 16, 2013, the Isle of Wight County Board of Supervisors adopted the implementation of
a Stormwater Management (SWM) Fee by adding Article X – Stormwater Management Fee to
Chapter 14A Stormwater Management Ordinance of the Isle of Wight County’s Code of
Ordinances. The SWM Fee became effective on July 1, 2013. The County is required by State
Code to provide a mechanism to allow for credits to the stormwater management fee. This policy
describes how developed non-residential properties can qualify and apply for a credit to their fee
by properly maintaining existing stormwater management facilities, making improvements to
existing stormwater controls, and/or implementing new best management practices (BMPs) to
improve stormwater quality and/or reduce stormwater runoff on their property. No credits will be
available until the property owner or his agent documents either the existence of a BMP
Maintenance Agreement or enters into a new BMP Maintenance Agreement with the County.
Section 11.1
Stormwater Management Fee
The fee amount charged to each non-residential developed property is directly proportional to the
impervious surface on each property. Impervious surfaces are generally defined as any surface
materials that impede stormwater from infiltrating into the soil. An Equivalent Residential Unit
(ERU) impervious area of 3,200 square feet at a rate of $72 per ERU is defined by the Stormwater
Management Ordinance. Refer to the Isle of Wight County Uniform Fee Schedule for the most
current ERU rate and associated impervious area.
Section 11.2
Stormwater Management Fee Credit Policy
A Stormwater Management Fee Credit allows for a reduction in the assessed stormwater
management fee for property owners that manage their stormwater runoff and that have a County
BMP Maintenance Agreement in place.
Non-residential property owners that install or have installed stormwater Best Management
Practices (BMPs) to reduce the stormwater volume and/or peak discharge rate or pollutant loading
from their property can qualify to receive a reduction in their stormwater management fee. A BMP
is an activity, measure or facility that prevents or reduces the transport of pollutants, controls
stormwater volume or rate and/or limits the impacts to the receiving storm drainage system. These
measures can include on-site practices such as bio-retention facilities, vegetated swales and ponds
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that manage stormwater at its source. The County encourages the use of low-impact design
strategies in the planning of development projects. In order to qualify for any type of credit, a
recorded BMP Maintenance agreement in accordance with the Isle of Wight County Ordinance
and Stormwater Management Program Policies and Procedures shall be in place.
County approval of non-residential stormwater management fee credits will be based on:
-
the reduction of total phosphorus (TP) load in the stormwater flowing from a property, and/or
-
a reduction in the volume and/or peak flow rate of stormwater discharge from a property, and
-
the location and development condition of the property. Refer to Location and Development
Condition section below for a summary of the avenues available to achieve stormwater credits.
Credits may be obtained through the installation, continuing use, and proper operations and
maintenance of BMPs that are not County owned or maintained.
Section 11.3
Credits Requirements and Types
Credit Requirements
In order to receive the full available SWM Fee credit (40%), a developed non-residential
property owner must install a County-approved BMP, modify an existing BMP to meet the
design criteria referenced in this policy, or provide evidence that an existing BMP meets
the criteria needed to achieve a credit.
Property owners or their agents may apply for water quality and quantity credits for
County-approved BMPs. The total credit shall not exceed 40%.
Credit Types
Due to differences in the previous design criteria, existing developments in both the
Chesapeake Bay and Blackwater River watersheds have customarily been designed to
provide water quantity control measures, to achieve peak flow attenuation. Developments
in the CBPA watershed were also likely required to provide a water quality control
treatment component, to achieve pollutant removal requirements. Therefore, this policy
defines two types of credit that are available applicable to existing developments, namely
Water Quantity Credits and Water Quality Credits.
Stormwater Quantity Credit
Stormwater Quantity credits are available to property owners that currently have quantityonly stormwater BMPs on their property that were designed and constructed to meet
County and State regulations at the time of development. This condition addresses
properties outside the Chesapeake Bay watershed that were not subject to providing water
quality treatment at the time those properties were developed.
A Stormwater Quantity credit of up to 20% is available to applicants in the Blackwater
River Watershed who have installed a County-approved BMP that reduces stormwater
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peak flow rate. These practices reduce the demand or burden on the receiving stormwater
conveyance system as well as our streams and rivers.
Stormwater Quantity credits are applied as follows:
Existing BMPs in the Blackwater Watershed approved prior to July 1, 2014 qualify for:


A 20% credit for sites that meet the 10-year storm peak flow requirement from preto post-development.
An additional 20% credit is available for those sites that achieve attenuation of the
post-development 25-year storm to pre-development levels.
Existing BMPs in the Chesapeake Bay Watershed approved prior to July 1, 2014 qualify
for:
 A 10% credit for sites that meet the 10-year storm peak flow requirement from preto post-development.
 An additional 10% credit is available for those sites that achieve attenuation of the
post-development 25-year storm to pre-development levels.
Stormwater Quality Credit
A Stormwater Quality credit of up to 40% is available to applicants who have installed a
County-approved BMP that provides water quality treatment to stormwater runoff flowing
through the BMP. The credit is based on the amount of total phosphorus (TP) that is treated
by the BMP. The applicant can increase the credit received by exceeding the TP load
reduction that is required by current Virginia Stormwater Management Program
regulations. The target phosphorus load is 0.41 lbs per acre per year. Table 1 describes
how the Stormwater Quality credit is calculated.
TABLE 1: STORMWATER QUALITY CREDITS ALLOWED
BASED ON RATIO OF LBS OF TP REMOVED/LBS OF TP REMOVAL REQUIRED
Ratio of
Total Credit
TP Treated/TP Required
Allowed
20%
1.0
1.25
30%
1.5
40%
The total amount of phosphorus (in lbs/year) required to be removed from the stormwater
conveyed from a site can be calculated using the Virginia Runoff Reduction Method (VRRM).
This methodology calculates the TP load reduction required as well as the corresponding design
treatment volume. It is required that applicants for developments permitted after July 1, 2014
obtain and utilize the latest version of the VRRM Spreadsheets for New Development and
Redevelopment that are posted on the DEQ website:
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http://www.deq.virginia.gov/Programs/Water/LawsRegulationsGuidance/Guidance/Stormwater
ManagementGuidance.aspx
Once the required TP load reduction is calculated, the applicant can utilize the VRRM
spreadsheets, as well as the most recent version of the Virginia Stormwater Management
Handbook (VSMH), to determine which BMPs are appropriate for their site conditions and achieve
the TP removal efficiency required. All future development activities will be subject to Part II B
of the VSMP regulations (Technical Criteria ‘B’) and shall use the VRRM methodology.
All new BMPs must be designed and constructed in accordance with theVSMH, which can be
found on the DEQ Stormwater Management Publications website at :
(http://www.deq.virginia.gov/Programs/Water/StormwaterManagement/Publications.aspx), or
the Virginia Stormwater BMP Clearinghouse (http://vwrrc.vt.edu/swc/).
BMP retrofits for existing facilities, at the discretion of the owner or his agent and with prior
approval from the Stormwater Division, may be designed in accordance with the technical criteria
used at the time of plan approval.
11.4 Additional Requirements
Additional requirements necessary to be considered for County approval of a stormwater
management fee credit are defined below:
Installation Standards
 All new BMPs subject to Technical Criteria B must be designed and constructed in
accordance with the VSMH, which can be found on the DEQ Stormwater
Management Publications website at:
(http://www.deq.virginia.gov/Programs/Water/StormwaterManagement/Publications.
aspx), or the Virginia Stormwater BMP Clearinghouse at: (http://vwrrc.vt.edu/swc/).
 All new BMPs must have all required County and State permits and approvals.
 Existing BMPs without formal documentation may be eligible for attaining a credit as
well. The property owner shall undertake or cause to provide an engineering analysis
to determine what design criteria applied at the time of construction. This analysis
should be coordinated with the Isle of Wight County Stormwater Division to ensure
the designer and County staff agree on the criteria prior to formally submitting the
credit application.
Application & Documentation Requirements
 Stormwater Credit Application Form
 BMP Maintenance Agreement
 Annual BMP Self-Inspection Reports
Maintenance Requirements
 A BMP Maintenance Agreement with a BMP specific maintenance plan, checklist and
estimate of maintenance cost is required to be recorded at the Courthouse with a
recorded copy submitted to the Stormwater Division for all BMPs to receive credit.
 All maintenance must be completed within the recommended guidelines of the Virginia
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Stormwater Management Handbook.
The property owner has the legal responsibility to maintain the BMP.
The County reserves the right to routinely and independently inspect the BMP to ensure
that regular maintenance is being performed as required.


Restrictions On Credits
 The BMP must meet all applicable building department and planning and zoning
department ordinances requirements.
 The Stormwater Quality and Quantity credits apply only to the applicant. Credits do
not transfer if ownership changes. A new application must be submitted and a new
BMP Maintenance Agreement (or evidence of transfer of the existing Agreement to a
new responsible Owner) shall be provided in order to continue receiving the credit.
 A credit may never bring the total billable ERUs below 1 ERU.
Renewal Requirements
 The owner will be required to submit proof of self-inspection and maintenance
activities pursuant to the BMP Maintenance Agreement in order to continue receiving
the annual credit.
All credits for new or modified BMPs are also subject to the submittal of a formal BMP
Maintenance Agreement and routine inspections and maintenance.
The credit will be valid for an indefinite period as long as the owner or his agent submits
an annual self-inspection report detailing all maintenance, at a minimum, was performed
in accordance with the BMP maintenance schedule for that facility. The owner will be
required to submit annual proof of self-inspection and maintenance activities pursuant to
the BMP Maintenance Agreement in order to continue receiving the credit. County staff
will conduct independent and periodic BMP inspections in accordance with the procedures
defined in the Stormwater Management Ordinance.
11.5 Location and Development Condition
The following developed non-residential categories are provided for considered for consideration
of credit issuance:
o Existing developed non-residential properties

In Blackwater River watershed:

Can achieve a 20% credit by meeting the peak flow attenuation required at the
time of development. Verification of BMP storage volume is required.

Can achieve up to the maximum 40% credit by exceeding peak flow attenuation
required at the time of development as noted in the Stormwater Quantity Credit
section above. Verification of BMP storage volume is required.

Should atypical as-constructed conditions apply to an existing BMP, and as based
on an engineering analysis of the existing conditions, a water quality credit may
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be applicable to achieve credits for water quality treatment as noted in Table I
above. Verification of water quality volume provided is required.


BMP conversions or modifications may be constructed to meet the same water
quantity removal requirements in place in the Chesapeake Bay watershed at the
time of design approval to achieve an additional 20% credit.

BMP conversions or modifications may be constructed to meet the Criteria
IIB water quantity removal requirements that become effective County-wide
in July 1, 2014 to achieve an additional 20% credit.

New BMP measures can be designed to implement the existing Technical
Design Criteria in Part II C of the VSMP regulations (Technical Criteria C)
and covered under a State Permit or VSMP Authority Permit prior to July 1,
2014. All new development after that date will be subject to new Technical
Design Criteria (Technical Criteria B).
In Chesapeake Bay watershed:

Can achieve a 10% credit by meeting the peak flow attenuation required at the
time of development. Verification of BMP storage volume is required. An
additional 10% credit is available for exceeding the quantity requirement by
attenuating the peak flow from the 25-year storm event.

In addition to the peak flow attenuation credit noted above, an owner can
achieve another 20% credit for meeting water quality removal requirements
at the time of design approval, to gain up to the maximum 40% credit.
Verification of existing water quantity volume matching the design water
quality volume is required.

Can achieve between 10% and the maximum 40% water quantity credit by
modifying an existing pond to meet or exceed the pollutant removal
requirement as noted in the Water Quantity Credit section above.
o New development activities on non-residential properties
All new developments County-wide will be subject to Technical Criteria IIB and may
achieve credits based on the Water Quality Credit section above.
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ARTICLE XII
Isle of Wight County Public Utilities Pro Rata Share Policy
I.
PURPOSE
To implement the Department of General Services/Public Utilities Division (PU) utility
systems in a master plan approach, it is periodically necessary to coordinate long term
Utility Improvements with private development initiatives. PU may require a private
developer to install within their Utility Improvements additional capacity and/or
Betterment Improvements to serve off-site parcels of land or correct existing facility
deficiencies in accordance with the County’s Water and Sewer Master Plan, or as
determined by PU. The Public Utilities’ Pro-Rata Share Policy establishes general
standards and procedures by which a private developer may be reimbursed for their costs
associated with the design and construction of on-site and/or off-site water and/or sewer
(utility) improvements required to provide the requested additional capacity and/or
Betterment Improvements. A developer may be eligible for reimbursement when the cost
exceeds the developer’s obligations in accordance with the procedures established in
Exhibit A, Public Utilities Pro-Rata Share Procedures, and as determined by PU.
II.
DEFINITIONS
For the purpose of this PU Pro-Rata Share Policy, the following terms are defined as
follows:
A.
BETTERMENT IMPROVEMENTS: Utility Improvements to correct deficiencies
and/or additional work as directed by the PU beyond the First Developer’s (defined
below) project requirements as specified in the PU Pro-Rata Share Procedures. Any
betterment work shall be related to the facilities to be installed and/or facilities
rehabilitated by the First Developer.
B.
DEVELOPMENT PLAN: A site plan, subdivision plan, and/or engineering plans
submitted to the County for approval. The plan or plans must contain the proposed
water and/or sewer improvements required to serve the Developer’s project.
C.
EXISTING DEVELOPMENT: A parcel of land that meets all of the conditions 1
through 3 or is designated as condition 4 below and does not exceed the installation
of greater than five (5) sewer laterals and/or five (5) water services or a flow greater
than ten (10) percent of the total Utility Service Area (defined below) flows:
1. The parcel of land is within the Utility Service Area of those Utility
Improvements designed and installed by the First Developer; and
2.
Physical improvements have been constructed upon the parcel of land or
Development Plan(s) for physical improvements have been approved by the
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County and remain valid (physical improvements do not include parking lots,
temporary or out buildings, fences, landscaping, etc.); and
3.
The construction of the physical improvements or the approval of Development
Plan(s) have been obtained prior to acceptance by PU of the First Developer’s
Utility Improvements.
4.
A parcel of land is undeveloped and cannot be subdivided nor developed for
any use other than for (1) single family residence shall be considered an
Existing Development.
The determination of Existing Developments is made by PU through the review of
Real Estate files, Development Plan approval dates, and/or any other County records
that establishes an Existing Development. This information will be reviewed for all
parcels of land which may lie within the Utility Service Area.
D.
FIRST DEVELOPER: A subdivider, developer, individual land owner or
Government department or agency that is required to design and install certain Utility
Improvements providing additional capacity and/or Betterment Improvements in
accordance with the County’s Water and Sewer Master Plan or as directed by PU.
E.
MASTER PROJECT PLAN: A proposed site plan and/or a subdivision plan which
shows, as a minimum, street alignment, proposed land uses, and water and/or sewer
improvements. This plan must be for the entire proposed project area, not individual
sections, and must be in compliance with the County’s Water and Sewer Master Plan,
or as directed by the PU.
F.
ON-SITE PARCELS: The parcel(s) of land subdivided or developed by the First
Developer.
G.
OFF-SITE PARCELS: All parcels of land within the Utility Service Area of the
Utility Improvements made by the First Developer that are beyond the boundaries of
the First Developer’s parcel(s) of land.
H.
PRO-RATA SHARE PERCENTAGE: The proportionate impact each
development’s calculated flows will have upon the total flow of water and/or sewage
to be transported by the Utility Improvements installed by the First Developer. Said
proportionate impact is to be expressed as a percentage of the total flow.
I.
PRO-RATA SHARE REIMBURSEMENT: The Pro-Rata Share due to the First
Developer by any Subsequent Developer paid into an Agency Fund Account to be
released by the County to the First Developer.
J.
PRO-RATA SHARE: The proportionate cost of the Utility Improvements made by
the First Developer for which the First Developer and each Subsequent Developer
within the Utility Service Area of such improvements receive a service benefit. Said
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proportionate cost is to be determined by applying the Pro-Rata Share Percentage to
the total cost of the improvements made by the First Developer.
K.
SUBSEQUENT DEVELOPER: A subdivider, developer or government
department or agency, including the County, who’s succeeding development is
within the Utility Service Area of those Utility Improvements designed and installed
by the First Developer and will benefit from any additional capacity and/or
Betterment Improvements installed by the First Developer.
L.
UTILITY SERVICE AREA: On-site and Off-site parcels of land and/or portions
of parcels of land to be served or intended to be served by the Utility Improvements
proposed by the First Developer within the County’s Water and Sewer Master Plan,
or as directed by PU.
M.
UTILITY IMPROVEMENT(S): Water and/or sanitary sewer improvements
designed and constructed in accordance with the County’s Water and Sewer Master
Plan and/or as approved by the PU, which is to be dedicated to the County and owned
and operated by the County.
For other definitions pertaining to Subdivision and Developments, refer to the County’s
Subdivision and/or Zoning Ordinance.
III.
APPLICATION OF POLICY
A.
IV.
GENERAL: PU may direct a developer to install additional capacity or Betterment
Improvements within their proposed Utility Improvements to serve both On-site and
Off-site parcels of land. Each Subsequent Developer whose development is within
the Utility Service Area of the Utility Improvements, made by the First Developer,
shall pay into an Agency Fund Account their Pro-Rata Share of the cost of such
improvements on the specific utility capacity installed, which shall be disbursed to
the First Developer upon written release by the County from the Agency Fund
Account.
COST PARTICIPATION DETERMINATION:
As part of the Development Plan review process and as specified in the PU Pro-Rata Share
Procedures, attached hereto as Exhibit A and incorporated by reference herein, PU will
implement the following steps in the determination of any potential cost participation
agreements:
A. Determination of Utility Service Area(s);
B. Pro-Rata Share eligibility determination;
C. Utility Improvements and Betterment Improvements estimated cost calculations; and
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D. Utility Service Area Pro-Rata Share(s) calculation.
The above procedures will establish the utility requirements of the First Developer and any
Subsequent Developer cost participation.
V.
SUBSEQUENT DEVELOPER COST ALLOCATION
Subsequent Developer(s) shall be required as a condition of their subdivision or
Development Plan approval to pay their Pro-Rata Share costs of the Utility Improvements
installed by the First Developer. The Subsequent Developer will be notified of their cost
obligations subsequent to a pre-development meeting with PU, a zoning reclassification
application review by PU, or any other indication of development of a parcel of land by
which a Pro-Rata Share can be determined by PU. PU shall provide a formal notification
of the Subsequent Developer’s Pro-Rata Share obligations, stating the amount due, via
email and/or letter with copies to the General Services Director, the Department of
Planning and Zoning, and the Department of Inspections as part of the plan review process.
The County will not issue a Development Plan approval or issue a land disturbing permit,
whichever is first, to a Subsequent Developer until such time that an Agency Fund Account
has been established with their Pro-Rata Share, or estimated Pro-Rata Share, for the Utility
Improvements and deposit made into the account. The Agency Fund Account established
shall name the First Developer as the beneficiary and provide the provision for naming the
County as the authority to release the Agency Fund Account funds to the First Developer.
PU will notify the Departments of Planning and Zoning and Inspections once the
Subsequent Developer has fulfilled its Pro-Rata Share obligations.
VI.
REIMBURSEMENT
The First Developer may receive reimbursement after all of the following conditions have
been met:
A.
The Utility Improvements have been installed by the First Developer in accordance
with approved Development Plans.
B.
The First Developer has dedicated and recorded all easements and/or parcels to the
County for the County’s operation and maintenance of the Utility Improvements
C.
PU has accepted the improvements into the County’s utility system.
D.
The First Developer has submitted to PU certified documents, which serve to verify
the total cost expended in designing and installing the Utility Improvements.
E.
The Subsequent Developer’s Development Plan has been submitted to the County for
approval within fifteen (15) years of PU’s acceptance of those Utility Improvements
installed by First Developer into the County’s utility systems.
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F.
VII.
The Subsequent Developer has submitted to the County a Development Plan for
review in accordance with the County’s Subdivision and/or Zoning Ordinance, and
the County’s Water and Sewer Master Plan or as directed by PU and has deposited
its Pro-Rata Share into the Agency Fund Account.
AGREEMENT
All improvements by the First Developer that provide for additional capacity or Betterment
Improvements as directed by PU and set forth in this PU Pro-Rata Share Policy shall
require the execution of a cost participation agreement (Betterment Improvements), ProRata Share agreement, or other type of agreement as required by the County specifying the
required improvements, cost allocations, service area, agreement term, and other necessary
terms, which shall be executed by the First Developer and the County.
VIII. BONDS/SURETY
A performance and payment surety shall be provided by the First Developer, in a form and
amount acceptable to the County prior to commencing any Utility Improvements by the
First Developer within or on facilities currently owned and operated by the County. All
improvements to be installed or performed by the Developer within their development and
currently not owned and/or operated by the County shall be bonded in accordance with the
procedures set forth in the applicable County’s Ordinance.
IX.
INSURANCE
The First Developer shall purchase and maintain the appropriate insurance coverage, as
stipulated in the agreement, prior to initiating any work within or on facilities currently
owned and/or operated by the County and shall name the County as an additional insured.
X.
AUTHORIZATION
Each party signing an agreement pursuant to Section VII of this PU Pro-Rata Share Policy
represents and warrants that he or she is duly authorized and has legal capacity to execute
and deliver the agreement and agrees to provide evidence of such authority and legal
capacity upon the other party’s request. Each party represents and warrants to the other that
the execution and delivery of the agreement and the performance of such party’s
obligations hereunder have been duly authorized and that the agreement is a valid and
legally binding on such party and enforceable in accordance with its terms.
By adoption of the PU Pro-Rata Share Policy by the County’s Board of Supervisors, the
County Administrator shall have authorization to execute any agreement on behalf of the
County that does not require the expenditure of County funds or where County funds were
previously adopted within a County Capital Improvement Budget for the specified type of
improvements provided in the agreement. Where County funds were not previously
adopted in a Capital Improvement Budget and are required to be appropriated for the
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County’s participation in any Utility Improvements set forth in an agreement, action by the
County Board of Supervisors will be required.
XI.
TERM OF PRO-RATA SHARE AGREEMENTS
Each Pro-Rata Share Agreement shall have a term of fifteen (15) years or until such time
the First Developer is fully reimbursed per the procedures provided within this policy,
whichever is the earliest date. At no time shall a Pro-Rata Share Agreement extend beyond
fifteen (15) years of the County’s acceptance of those utilities installed by the First
Developer into the County’s systems.
XII.
COUNTY CONNECTION AND AVAILABILITY CHARGES
All County utility connection and availability charges remain in effect in accordance with
the County’s Code of Ordinances and as provided in the County’s Operating Budget Fee
Schedule, as adopted by the County’s Board of Supervisors, and on file in the County
Administration Office. No abatement or reimbursement of connection and/or availability
charges will be considered under this PU Pro-Rata Share Policy.
XIII. OTHER REGIONAL UTILITY IMPROVEMENT AGREEMENTS
The County reserves the rights to enter into other forms of agreements, which are beneficial
to the County for the purpose of constructing regional Utility Improvements and/or to
promote economic development initiatives.
XIV. UNIQUE AND NON-CONFORMING SITUATIONS
In the administration and enforcement of this PU Pro-Rata Share Policy, PU shall have the
discretion to apply the general principles expressed herein and/or if necessary develop
procedures which would address any unique, non-conforming situation which may arise.
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EXHIBIT A
ISLE OF WIGHT COUNTY
PUBLIC UTILITIES
PRO-RATA SHARE PROCEDURES
I.
GENERAL:
In support of the County’s adopted Public Utilities Pro-Rata Share Policy, the following
establishes the standard procedures for:
A.
Determination of Utility Service Area(s);
B.
Pro-Rata Share eligibility determination;
C.
Utility Improvements and Betterment Improvements cost calculations;
D.
Utility Service Area Pro-Rata Share(s) calculation;
E.
Agreement;
F.
Final determination of Utility Improvement costs;
G.
Collection of allocated cost shares from Subsequent Developers;
H.
Reimbursement of allocated costs shares from Subsequent Developers to First
Developer; and
I.
Unique and non-conforming situations.
One (1) or more types of water and/or sewer (utility) improvements may qualify the First
Developer to receive Pro-Rata Share reimbursements or reimbursements for requested
Betterment Improvements. These procedures, and any subsequent amendments thereto, are
hereby incorporated into the PU Pro-Rata Share Policy as if fully set forth therein.
II.
DETERMINATION OF UTILTY SERVICE AREA (S)
The First Developer shall meet with representatives of the County’s PU in the predevelopment process to discuss their Master Project Plans Utility Improvements and to
determine whether the proposed Utility Improvements comply with the County’s Water
and Sewer Master Plan, or other requirements by PU. The County may require the First
Developer to provide Utility Improvements in accordance with the County’s Water and
Sewer Master Plan which may serve both on-site and off-site parcels of land and provide
additional capacity and/or Betterment Improvements. Based on the pre-development
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meeting(s), the First Developer shall submit final development Master Project Plans
delineating a Utility Service Area for each Utility Improvement. The approved service
areas shall include all parcels of land intended to be served by each respective utility.
Should PU require the Utility Improvements to provide additional capacity for off-site
parcels, the service area maps for each Utility Improvement providing additional capacity
will be the basis for the Pro-Rata Share estimated cost calculations.
III.
PRO-RATA SHARE ELIGIBILITY DETERMINATION
Utility Improvements requiring additional capacity to serve subsequent developments
beyond the First Developer’s capacity requirements will be considered as eligible for a ProRata Share Reimbursement to the First Developer. Should any Utility Improvement not
provide additional capacity or not require an increase in facility size beyond that required
by the First Developer, the Utility Improvement will not be considered for any Pro-Rata
Share Reimbursement. If a Utility Improvement does not require an increase in facility size
but may be installed at a deeper depth to serve off-site parcels, such as gravity sewer mains
for example, the Utility Improvement will be considered for a Pro-Rata Share
Reimbursement.
The County’s PU may require the First Developer to install utility services/laterals from
their facilities to Existing Development along the First Developer utility corridor. The First
Developer shall install such services/laterals without a Pro-Rata Share Reimbursement if
the number of services does not exceed five (5) sewer laterals and/or five (5) water services.
The First Developer shall not be eligible for Pro-Rata Share Reimbursement if the Existing
Development does not create the need to upsize any of the First Developer’s proposed
facilities to transport Existing Development.
In addition, PU may require the First Developer to provide Betterment Improvements
within a facility beyond what would normally be required to meet the First Developer’s
capacity requirements or be required by regulatory and/or County standards. If the
Betterment Improvements would not be normally installed within the First Developer’s
Utility Improvements’ installation or rehabilitation, the Betterment Improvement would be
considered for a direct reimbursement from the County. Available funding within the
County’s Utility Fund Capital Budget shall be required for any direct reimbursement upon
the completion of the work. Examples of a Betterment Improvements beyond the First
Developer’s requirement would be the replacement of a fixture within a sanitary sewer
pump station which is not in the necessary upgrades to meet the First Developer’s needs
and/or the installation of additional water and/or sewer improvements for Existing
Development beyond the requirements stated above.
IV.
UTILITY IMPROVEMENTS AND BETTERMENT IMPROVEMENTS COST
CALCULATIONS
Upon the determination of Utility Improvements eligibility for a Pro-Rata Share
Reimbursement, the First Developer shall submit to PU preliminary estimated costs for
each eligible Utility Improvement, a separate estimated cost for any required Betterment
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Improvement, and a separate estimated cost for any utility service/lateral beyond the first
five (5) water and/or five (5) sewer services/laterals. PU will review the submitted cost
estimates and provide written notification to the First Developer, via email and/or letter,
providing the County’s acceptance or comments on the submitted calculations. The First
Developer may request to meet with representatives of PU to discuss any concerns with
the County’s final calculations. Upon agreement, the submitted cost estimates will serve
as the initial basis for determining the Pro-Rata Share calculations.
The following incidental costs may be included as part of the cost calculations:




Bonds and permits
County plan review fees
County inspection charges
Finance charges
The following specific costs that are not reimbursable include, but are not limited to:




V.
Other miscellaneous fees (e.g. Attorney fees, recordation fees).
Utility Improvements proffered to the County through a Land Use Application.
County Utility Connection and Availability Charges.
All costs associated with the installation of the first five (5) water services and/or
first five (5) sewer laterals.
UTILITY SERVICE AREA PRO-RATA SHARE (S) CALCULATION
The following will provide for the determination of Pro-Rata Share for each specific Utility
Improvement:
A.
Sanitary Sewer Pump Station, Sewer Force Mains, and Gravity Sewer System:
Should the County require the First Developer to install additional capacity within 1)
their sanitary sewer pump station, 2) upgrades to existing County sewer pump
stations, 3) sewer force mains, and/or 4) within portions of their gravity sewer system
beyond the capacity required by the First Developer, a Pro-Rata Share of the facilities
costs will be determined for each Subsequent Developer benefitting from the installed
additional capacity.
The First Developer and each Subsequent Development’s Pro-Rata Share shall be
determined based on the proportionate impact each development’s flows will have
upon the total flow of sewage from the entire Utility Service Area through the Utility
Improvements. Flows will be calculated in accordance with County Standards. The
degree of impact the First Developer’s and each Subsequent Developer’s flows will
have upon the total flow shall be expressed as a percentage of the total flow. This
percentage shall be applied to the estimated and final costs of designing and installing
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the Utility Improvements, facility upgrades, and Betterment Improvements (as
appropriate).
In the event, an existing pump station(s) capacity are expanded, only the costs
associated with the expansion shall be utilized and applied to Subsequent Developers
benefitting. No allocation of the expanded capacity costs shall be allocated to
Existing Development previously served prior to the pump station expansion.
B.
Water Mains:
Should the County require the First Developer to install capacity within their water
system, beyond the capacity required by the First Developer, a Pro-Rata Share will
be
determined
for
each
Subsequent
Developer
whose
property/properties/development abuts and benefits from the Utility Improvements
installed.
The First Developer and each Subsequent Development’s Pro-Rata Share shall be
determined based on the proportionate impact each development will have upon the
total flow from the entire Utility Service Area through the Utility Improvements made
by the First Developer. The degree of impact each Subsequent Development will
have upon the total flow shall be expressed as a percentage of the total flow through
those Utility Improvements made by the First Developer. For water mains, the
percentage shall be calculated based on the amount of flow (domestic and fire flow)
each developer contributes to the total flow. The degree of impact the First
Developer’s and each Subsequent Developer’s flows will have upon the total flow
shall be expressed as a percentage of the total flow through those water improvements
made by the First Developer. This percentage shall be applied to the estimated and
final costs of designing and installing the Utility Improvements (as appropriate). PU
will establish the standard operating parameters for the water system improvements
to determine the Pro-Rata Share Percentages.
C.
Vacant Off-Site Parcels Flow Estimates:
Flow estimates for vacant off-site parcels of land will be determined on the basis of
usable acreage; maximum density permitted under the County’s Comprehensive
Land Use Plan, Ordinance, and recognized rates of flow provided within this section
for the use of the parcel of land, or as directed by PU.
VI.
AGREEMENT
An Agreement specifying the required improvements, estimated cost allocations, Utility
Improvement(s) service area, agreement term, and other necessary terms will be developed
by the PU, reviewed by the County Attorney Office, and forwarded to the First Developer
for execution. Upon receipt of the executed Agreement by the County from the First
Developer, PU will coordinate the appropriate actions necessary for the County’s execution
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of the Agreement. Copies of the executed Agreement shall be provided to PU, Department
of Planning and Zoning and the Department of Inspections.
VII.
FINAL DETERMINATION OF UTILITY IMPROVEMENT COSTS
Once the First Developer has installed the Utility Improvements in accordance with the
approved Development Plans and after acceptance of the same by PU into the County’s
utility systems, the First Developer shall submit appropriate documents certified by the
First Developer to PU which reflect the actual costs of the installed Utility Improvements.
PU will review the certified cost documents in conjunction with the construction record
drawings and field inspection logs to verify that the construction costs are reasonable and
in accordance with fair market costs at the time the Utility Improvements were installed
and accepted by the County. This will be done by comparing the submitted costs with
recent County projects of like or similar nature and/or by contacting local contractors to
obtain current market costs. If the submitted costs are deemed unreasonable, then the costs
which best reflect current fair market costs will be used. The construction, design and land
costs directly related to the design and installation of the Utility Improvement are
considered for reimbursement eligibility. Land costs will be determined based on the First
Developer’s documented land acquisition costs.
Upon approval of the project’s costs, PU will determine the final Pro-Rata Shares in
accordance with the Pro-Rata Share Percentages.
Any Betterment Improvements shall be calculated separately and reimbursed by the
County within sixty (60) days of the County’s acceptance of the improvements.
In the event the First Developer fails to complete the installation of their Utility
Improvements, or portions thereof, resulting in the failure for a Subsequent Developer to
receive any benefit, the Subsequent Developer shall not be responsible for their Pro-Rata
Share until such time benefit is received.
VIII. COLLECTION OF ALLOCATED COST SHARES FROM SUBSEQUENT
DEVELOPERS
Within fifteen (15) years of acceptance by the County of Utility Improvements installed by
a First Developer in accordance with the PU Pro-Rata Share Policy and applicable local
law, a Subsequent Developer whose project was intended to be served by such Utility
Improvements installed by the First Developer will be required to pay their Pro-Rata Share
in accordance with the procedures stated herein.
Formal notification of the Subsequent Developer’s Pro-Rata Share obligations, stating the
amount due, will be via email and/or letter with copies to PU and the Department of
Planning and Zoning. Formal notification shall be provided to a Subsequent Developer
after PU has held a pre-development meeting with the Subsequent Developer and the
Subsequent Developer has provided sufficient information for PU’s determination of their
Pro-Rata Share.
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The Subsequent Developer shall deposit their Pro-Rata Share in to an Agency Fund
Account prior to the issuance of a land disturbance permit by the Department of General
Services. The Agency Fund Account shall name the First Developer as the beneficiary
and provide the County as the release agent. Once the Pro-Rata Share has been deposited
within an approved Agency Fund Account, PU will notify the Departments of Planning
and Zoning and Inspections that the Subsequent Developer has fulfilled their Pro-Rata
Share obligations.
In the event the First Developer has not fully installed the Utility Improvements and final
determination of the Utility Improvements costs has not been completed, the Subsequent
Developer’s Pro-Rata Share will be based on the initial estimated Utility Improvements
cost. Should the deposited Pro-Rata Share by the Subsequent Developer prove to be less
than the final determination of the Pro-Rata Share, the Subsequent Developer shall deposit
the remaining balance into the Agency Fund Account prior to the acceptance of the
Subsequent Developer’s utility infrastructure improvements or the issuance of any
certificate of occupancy, whichever is first. In the event the deposited estimated Pro-Rata
Share is greater than the final calculated Pro-Rata Share, the County shall only authorize
the release of the final Pro-Rata Share amount to the First Developer and the remaining
balance shall be returned to the Subsequent Developer.
IX.
REIMBURSEMENT OF ALLOCATED COST SHARES FROM SUBSEQUENT
DEVELOPERS TO FIRST DEVELOPER
The County shall release the Subsequent Developer’s Pro-Rata Share to the First Developer
within sixty (60) calendar days of the Subsequent Developer’s deposit of their Pro-Rata
Share into their Agency Fund Account and any necessary subsequent deposits, upon the
completion of the following conditions:
G.
The Utility Improvements have been installed by the First Developer in accordance
with approved Development Plans.
H.
The First Developer has dedicated and recorded all easements and/or parcels to the
County for the County’s operation and maintenance of the Utility Improvements.
I.
PU has accepted the improvements into the County’s utility system.
J.
The First Developer has submitted certified documents to PU which serve to verify
the total cost expended in designing and installing the Utility Improvements.
K.
The Subsequent Developer’s Development Plan has been submitted to the County for
approval within fifteen (15) years of PU’s acceptance of those Utility Improvements
installed by First Developer into the County’s utility systems.
L.
The Subsequent Developer has submitted a Development Plan to the County for
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review in accordance with the County’s Subdivision and/or Zoning Ordinance, and
the County’s Water and Sewer Master Plan, or as directed by PU, and has deposited
its Pro-Rata Share into the Agency Fund Account.
X.
UNIQUE AND NON-CONFORMING SITUATIONS
In the administration and enforcement of the policy and procedures, PU shall have the
discretion to apply the general principles expressed herein and/or if necessary develop
procedures which would address any unique, non-conforming situation which may arise.
Certain special or unique conditions that do not follow the above procedures are addressed
below:
A.
A Subsequent Developer desires to complete the First Developer’s Utility
Improvements on an advanced schedule. If feasible, the Subsequent Developer may
request an assignment of the First Developer’s Agreement.
B.
A sewer pump station service area is requested to be expanded to include a
development not originally included in the original Pro-Rata Share calculations and
also not included in any other pump station service area. These situations will be
reviewed to determine if sufficient capacity is available beyond what had previously
been planned.
C.
If Utility Improvements installed by the First Developer were designed to serve
subsequent developments, and such developments could have used the
improvements, but chose not to, the Pro-Rata Share is owed by the Subsequent
Developer, regardless of whether or not the improvements are used by the Subsequent
Developer.
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CHAPTER 4:
FLEET
Chapter 4: Fleet
ARTICLE I
Vehicle Use
(Adopted July 17, 2003; Revised October 16, 2003, October 4, 2007, April 3, 2008,
July 1, 2008, May 21, 2009, September 17, 2015)
Section 1.0
Applicability
County employees, official appointees of the Board of Supervisors, members of the Board of
Supervisors, Constitutional Officer’s staff that adhere to the County’s policies, volunteers, and all
others who are required to adhere to the County’s policies shall be governed by this policy.
Constitutional Officers and their staff that are not required to adhere to the County’s policies, along
with the Registrar, will use the County’s policy as a guide relative to vehicle use.
For the purposes of this Policy, the phrase “county employee and volunteer” is intended to include
all persons referenced in paragraph 1 of this section.
This policy shall apply to all users of County vehicles unless otherwise provided by the Board of
Supervisors.
Exceptions may only be granted on a case by case basis by the County Administrator or his/her
designee after a request from the Department Head, Constitutional Officer, Agency Head or
County Attorney.
Section 1.2
Authorized Use
The following examples are an attempt to cover most circumstances or conditions of use and
should not be considered all inclusive:
a. Official Use - County vehicles are authorized “For Official Use Only.” Such vehicles are
to be utilized to perform the functions and to conduct the operations and programs of the
Department or Agency which is using the vehicle. County vehicles may be utilized both
within and outside of the County for official use.
b. Transport of Unofficial Parties - When such official use includes the transport of unofficial
parties, such transport must first be approved by the employee/operator’s supervisor.
c. Private Vehicle Reimbursement - Employees may be reimbursed for the use of their private
vehicle when such vehicle is used in the conduct of County business; such reimbursement
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shall be made in compliance with Chapter 7, Miscellaneous, Article I, Travel, Section 1.9.
d. Volunteers - Properly licensed volunteer workers may operate County vehicles while acting
within the scope of their duties with the prior written approval of the appropriate
Department Head.
e. Proper Licensing - Employees and authorized volunteers must have a valid, properly
classified operator’s or commercial driver’s license as described in Chapter 4, Fleet, Article
II, Driving Standards, in order to operate a County vehicle.
Section 1.3
Guidelines for Appropriate Use
a. Personal Use - County vehicles may not be utilized for personal purposes or for
transportation for meals unless for official County business. Exceptions include those
employees who, while conducting County business, are away from their normal place of
work at meal time, or those employees with an assigned County vehicle where such vehicle
is the most reasonable mode of transportation available at meal time.
b. Drive Home Policy - The employee is responsible for providing his/her own means of
transportation for travel to and from work. At the end of the normal workday, all County
vehicles and equipment shall remain at designated County parking facilities. Exceptions to
this policy are as follows:
1. Pool Vehicles - Employees, with prior approval as specified in the following
paragraphs, may take County pool vehicles home overnight when travel from the
employee's home to a destination for official County business is the most direct and/or
closest route, (for example, early morning travel to a conference). (The definition of
what vehicles are County pool vehicles is found in Section 1.5 herein). An employee
must obtain written authorization from his/her Department Head before taking a
County pool vehicle home overnight.
2. Assigned Vehicles – Authorization for an employee to use an assigned County vehicle
for transportation to and from an employee’s residence will be considered for approval
by the County Administrator or his/her designee upon receipt of a written request from
the respective Department Head or Agency Head.
Such written request must be based on the overall functionality of the Department or
Agency's operations, and include: the name/title of each employee for whom
authorization is requested, the frequency that the assigned vehicle will be used for
transportation to and from work, location of employee's home, and narrative providing
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justification for the request (to include whether the employee is on an established,
rotating "on call" schedule and is regularly called to perform emergency repairs or
provide other emergency response after normal working hours.) Requests for
employees residing outside of the County will be considered.
Authorization for a Department or Agency Head to use an assigned County vehicle for
transportation to and from his/her residence will be considered for approval by the
County Administrator or his/her designee upon receipt of a written request. Such
written request must provide sufficient information which supports the justification of
such use, as outlined above.
c. Seatbelts - All operators of County vehicles and all passengers therein shall properly use
seat belts (if the vehicle is equipped with seat belts).
d. Prohibition of Alcohol and Illegal Substances - It is absolutely prohibited for Countyowned vehicles to be utilized if the operator is impaired by, or under the influence of
alcohol, intoxicants, drugs, or illegal substances. The possession or consumption of
alcohol, intoxicants, or illegal drugs while using County vehicles for transportation is also
prohibited.
e. Rendering Assistance - County vehicles may not be used to pull or push any other vehicle.
It is permissible to render assistance in case of accidents or other emergencies and to
transport unofficial parties in such cases.
f. Motor Vehicle Laws - County vehicles are not to be driven in violation of the motor vehicle
laws of Virginia. All citations are to be reported immediately to the employee’s supervisor
and may be grounds for suspension or revocation of the employee’s driving privileges.
Section 1.4
Accidents
a. Driving Practices - Operators should practice “defensive driving” and anticipate and
observe the actions of other drivers and control their own vehicle in such a manner so as to
avoid an accident involvement.
b. Rendering Assistance - Upon reaching the scene of an accident, the operator of a County
vehicle is authorized to render such assistance as he or she can by caring for the injured
first, calling or sending for the fire, rescue, or law enforcement personnel and taking
measures to prevent other vehicles from becoming involved in the accident. When
stopping at the scene of an accident, the driver should ensure that the vehicle is parked in
a safe location so as not to interfere with traffic.
c. Accident Involving County Vehicle - In the event an accident should occur involving a
County-owned vehicle, the following procedures should be followed:
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Vehicle Operator Responsibilities:
1. Call for an ambulance for anyone seriously injured. (Dial 911 in most areas.) When
calling from a mobile phone, the caller should remain near the scene of the accident
until emergency personnel arrive.
2. Notify the Sheriff’s Office, State Police, or other law enforcement official of the
accident in all instances. The driver is required to immediately give notice of the
accident by the quickest means of communication to a State Trooper, Sheriff, or other
law enforcement official if the accident resulted in injury to or death of any person.
3. The accident shall be reported to the driver’s immediate supervisor as soon as
reasonably possible after the accident; while at the scene when possible.
4. At the scene, County vehicle operators and employee passengers, if any, should NOT
ADMIT RESPONSIBILITY and should make no statement concerning the accident
except to law enforcement officers investigating the accident, until they have reported
the accident to their immediate supervisor. The Operator may inform the other driver
of the name of the County’s insurance carrier and policy number which may be found
on the insurance card located in the vehicle's glove compartment.
5. Get the names, phone numbers, and addresses of all persons in the other vehicle(s), the
names, phone numbers and addresses of any witnesses, the driver’s license data of other
operators, the license number of other vehicle(s) and the name of the insurance carrier
for other vehicle(s) involved.
6. Complete the data on the insurance accident card located in the glove compartment of
the vehicle and turn it in to their supervisor. The operator should make every effort to
take photographs of the scene and damage to the vehicles involved.
7. Should there be a need for towing services, passenger vehicles under the Vehicle
Management Control Center (VMCC) program shall call the 24-hour hotline at
(866)857-6866 for roadside assistance. All vehicles and equipment not under the
VMCC program shall call a local towing company.
8. If there are no injuries involved in the accident, the driver may still be required to file
a report with the Division of Motor Vehicles as to the extent of the property damage
involved. The driver is responsible for contacting the Division of Motor Vehicles within
five (5) days of the accident to determine if a report will be required.
Supervisor Responsibilities:
1. Supervisors shall conduct an accident investigation and complete the Supervisor’s
Accident/Incident Investigation Report Form in accordance with Chapter 1, Personnel,
Article VX of the County Policy Manual. Investigation should take place at the scene
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of the accident when practical.
2. Supervisors shall forward the Accident/Incident Investigation Report Form, the
insurance accident card and photographs to the Department Head for Review.
3. The Department Head shall review all accident investigation documentation and
forward to the Department of Budget & Finance Accounting Manager, Department of
Human Resources Risk Management Coordinator, and the Department of General
Services within twenty-four (24) hours of the accident or the Monday following an
accident that occurs on a weekend.
d. Accident Review
The Risk Management Coordinator shall be responsible for the review of events
surrounding accidents involving County owned vehicles/equipment. As a result of the
review, findings may be made as to whether an accident was “Preventable” or “Not
Preventable” and recommendations may be made for procedures to put in place to prevent
future similar accidents. The findings and recommendations will be presented to the
County Administrator for review and action, if necessary.
Any corrective actions of an administrative or disciplinary nature resulting from the
findings of the accident review process may be considered and administered by the County
Administrator or the appropriate Department or Agency Head. Should disciplinary action
be necessary, the employee has the right to appeal in accordance with Chapter 1, Article
VIII of the County Personnel Policies and Procedures Manual.
Section 1.5
Miscellaneous
a. Monitoring Vehicle Use - The County Administrator or Department Head or Agency Heads
shall carefully monitor and take necessary action to preclude operations that are contrary
to the policies and procedures herein.
b. Citizen Complaints - Complaints regarding the use or operation of County vehicles shall
be directed to the Risk Management Coordinator and the Director of Human Resources.
The Risk Management Coordinator and the Director of Human Resources shall coordinate
with the appropriate Department Head or Agency Head to investigate the complaint and
report to the County Administrator the results of the investigation and any corrective action
or recommended employee disciplinary action. The Risk Management Coordinator shall
maintain any files related to the citizen complaint for the purposes of record retention.
c. Supervisory Responsibilities - Department Heads and Agency Heads shall ensure that
before their employees and volunteers are permitted to operate a County vehicle, drivers
are properly trained in its use; in procedures to be followed should they be involved in an
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336
accident with a County vehicle; in the procedures for refueling vehicles with the automated
card system; in basic maintenance responsibilities of the operator (checking tires, oil level,
lights, etc.) and in preventive maintenance services as defined in Article IV, Fleet
Management. In addition, each authorized driver, whether a full time County employee or
volunteer worker, will be fully briefed on County and departmental personnel policies
pertaining to operator negligence and damage to County property.
d. Emergency Repairs - Should emergency repairs (i.e. flat tire) be necessary while a County
vehicle is within the County, the driver shall notify his/her immediate supervisor and/or the
Department of General Services to have the required towing and/or repairs performed. For
more information, refer to Article IV, Fleet Management, Section 4.3, Maintenance and
Care of Vehicles and Equipment, 3. Repairs.
e. Vehicle Security - Security of a County vehicle is the operator’s responsibility.
Unattended County vehicles will be locked at all times. Operators may be responsible for
loss of County property from an unsecured County vehicle.
f. Prohibition of Smoking, Eating, Drinking and Wireless Device Use - Smoking and/or the
use of tobacco products is not permitted in County vehicles. Additionally, eating, and
drinking while operating a County vehicle is prohibited. The use of County wireless
devices (including mobile phones) while operating a vehicle is prohibited. Operators shall
pull the vehicle off the main traffic lanes or utilize “hands-free” devices in the event the
operator needs to use a wireless device.
g. Taxation on Personal Use - Employees authorized to use a County vehicle for personal
transportation to and from the employee’s residence will be subject to the regulations of
the Internal Revenue Service and taxed accordingly.
h. Vehicle Identification - All service vehicles utilized by County departments will be
identified with the official logo, departmental designation, and color scheme as designated
by the County Administrator.
i. Pool Vehicles - All vehicles that assigned to a Department/Agency for a specific purpose
will be considered Pool Vehicles and are available for use by all County
Departments/Agencies. Maintenance of Pool Vehicles will be the responsibility of the
Department of General Services. For Pool Vehicle check out and protocol, contact the
Department of General Services at (757)365-1658.
j. Toll Charges - Toll charges incurred during travel in a County vehicle are the responsibility
of the Department/Agency.
k. Loss of Keys - It is the responsibility of the Department/Agency assigned to the vehicle to
cover all costs associated with keys being lost, stolen or locked-in a County vehicle. This
includes all Pool Vehicles and includes costs such as, duplicate keys, locksmith services,
or damage to the vehicle resulting from forced entry by a County employee.
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Section 1.6
Violations
The Department of Human Resources will review all violations of this policy. Violations may
result in the employee’s or volunteer’s loss of County driving privileges and/or loss of the
Department’s vehicle allocation.
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338
ARTICLE II
Driving Standards
(Created April 3, 2008 as a separate Article originally part of Article 1
Section 2.0
Applicability
The requirements of this policy are applicable to all individuals requiring authorization to routinely
or occasionally drive County vehicles. To ensure the safety of the employees and the citizens,
individuals who drive on behalf of the County must have an acceptable driving transcript.
Driver Licensing
Department Heads/Agency Heads are responsible for ensuring that their employees are properly
licensed and trained to operate County vehicles. A valid driver’s license is required to operate
County vehicles. The basic license requirements for passenger vehicles apply, as do the following
additional requirements for heavy vehicles and equipment operated on the highway:
Those persons required to operate or maintain a vehicle weighing 26,001 pounds or more, gross
vehicle weight rating (GVWR); or designed to carry 16 or more passengers, including the driver;
or used to transport hazardous materials required to be placarded by federal law, must have a
Commercial Motor Driver’s License (CDL).
Section 2.1
Driving Records
A valid driver’s license for the appropriate class of vehicle or equipment which will be operated is
required if such vehicle or equipment operation is specifically required in the job description.
During the hiring and volunteer selection process, the County will make a conditional offer of
employment to those job applicants, and will conditionally approve those prospective volunteers,
who will be required to operate a County vehicle as a bona fide occupational or volunteer
qualification for the position for which the job applicant or volunteer is applying. The prospective
employee or volunteer shall secure a copy of their current (less than thirty (30) days old)
Department of Motor Vehicle (DMV) driving record at the prospective employee’s or volunteer’s
own expense and shall provide the record to the hiring or volunteer supervisor. The supervisor
will forward the DMV record of the prospective employee or volunteer to the Department of
Human Resources (to be maintained in the applicant’s folder).
Prior to a Volunteer, with the exception of Fire and Rescue Volunteers, being required to operate a
County vehicle, he/she must undergo a verification of valid driving license status, as well as review
for adherence to County Driving Standards as outlined within the policy. This verification is to be
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conducted by the Department Director of the department in which the volunteer is volunteering,
in conjunction with the Human Resources Department as needed. Fire and Rescue Volunteers
operating County vehicles will be subject to the terms outlined in the executed Vehicle Use
Agreement due to the unique driving requirements associated with such volunteer assignments.
No final acceptance of a prospective volunteer or final offer of employment will be extended unless
and until the Department of Human Resources receives an acceptable and current DMV driving
record as specified in this policy.
The County at its sole discretion may withdraw a conditional offer of employment due to the failure
of a job applicant to provide their DMV driving record, or if the DMV driving record does not
prove valid licensure or acceptable driving standard as required herein.
Section 2.2
(Revised October 4, 2007, July 1, 2008)
Driving Standards
All drivers who operate a County-owned vehicle must meet minimum County driving standards
as determined by the County. Annual DMV records checks will be conducted for all routine and/or
CDL licensed drivers of County vehicles; random checks will be conducted on other drivers or
whenever the County deems a transcript check necessary to insure minimum standards are being
met. Isle of Wight County driving standards are as follows:
a. Possession of a current valid driver’s license;
b. No more than two (2) moving violations within the previous twelve (12) months;
c. No record of conviction associated with driving under the influence (DUI) within the
previous thirty-six (36) months;
d. No record of conviction of reckless driving within the previous thirty-six (36) months;
e. No record of conviction for any serious traffic offense with an assessment of six (6) or
more demerit points within the previous thirty-six (36) months;
f. No record of current revocations or suspensions or previous revocations or suspensions
associated with moving violations within the last thirty-six (36) months.
If an employee or volunteer fails to meet County driving standards and holds a position where
operating a vehicle is a bona fide occupational qualification essential to the County, such employee
may be separated from employment due to the inability to meet a requirement of the position. The
County Administrator may waive any or all of the driving standards at his or her discretion
depending on the circumstances.
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Section 2.3
Obligation to Report
It is the volunteer or employee's responsibility to notify their immediate supervisor of any
condition or change in license status which would impede his/her driving ability. Authorized
driver’s must also report, as soon as possible but no later than the next immediate workday, any
conviction that causes them to be in non-compliance with the County’s driving standards. Failure
to report as outlined above may subject the individual to disciplinary action, up to and including
termination. The County reserves the right to revoke the volunteer or employee's authorization to
drive a County vehicle should such situations or conditions warrant.
Section 2.4
Authorization Procedures and Training
Individuals authorized to drive County vehicles are provided a copy of this policy and shall be
required to sign the County Driving Standards Policy Agreement indicating that they understand
and agree to comply with the provisions of this policy. The signed agreement shall be maintained
by the Human Resources Department.
Operators of County vehicles shall be required to participate in a DMV-approved Defensive
Driving Program. Such training may be conducted at a County facility or employees may be
referred to a DMV-approved training center. Department Heads and Agency Heads whose
employees operate County provided vehicles shall support the program by ensuring that employees
participate in Defensive Driving classes when scheduled and as otherwise required. Operators of
County vehicles will also be required to view the Defensive Driving video as provided during new
employee orientation.
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ARTICLE III
Emergency Vehicle/Apparatus Use
Section 3.0
Applicability
County employees, official appointees of the Board of Supervisors, members of Isle of Wight
County Volunteer Fire or EMS Departments (volunteers), and all others who drive or operate an
emergency vehicle/apparatus owned by the County shall be governed by this policy.
In the event the apparatus is leased to a County Volunteer Fire or EMS Department, the more
restrictive of this policy or the leasing department’s emergency vehicle/apparatus use/response
policies shall apply.
Section 3.1
Objectives and Scope
The specific objectives of the County's Emergency Vehicle Use policy are:
a. Establish minimum standards for members who are allowed to drive or operate an
emergency response vehicle owned by the county.
b. Establish minimum safety regulations for the operation of an emergency response vehicle
owned by the county.
c. To provide the citizens of Isle of Wight County with the safest and most timely responses
to emergencies. Rapid responses to emergencies are essential, however, none are so great
that the lives of others should be endangered.
Section 3.2
General
1. General requirements:
a. Vehicles and equipment shall be maintained in a constant state of readiness and
availability for complete and immediate use.
b. Personnel shall be responsible for the use and care of the vehicles and equipment
assigned to them or entrusted to their care.
c. Personnel shall immediately report any loss, damage, or malfunction of the apparatus
or equipment to an operational officer.
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d. Drivers shall possess an appropriate valid driver’s license.
e. Drivers shall drive in a safe and prudent manner and shall obey all applicable Federal,
State, and local traffic regulations when operating emergency apparatus owned by the
County.
f. Personnel shall properly wear safety restraint devices whenever driving or riding in a
vehicle owned by the County.
g. Members shall not use tobacco products while driving or riding in apparatus owned
by the County.
2. Use:
a. Apparatus owned by the County shall be used for official business only.
b. Apparatus may be used to make a stop at a convenience store, grocery store or
restaurant while within the response district. The company shall maintain radio contact
and remain available for calls. Apparatus shall be parked in such a manner as to limit
inconvenience to the general public.
c. The apparatus can be used for special events within the county or no greater than 75
miles outside of the county when authorized by a chief officer. Special events located
greater than 75 miles outside of the county, require the authorization of the Chief of
Emergency Services (or his/her designee). The Chief of Emergency Services shall
provide a response to such request within 48 hours if received during normal business
hours.
3. Driver’s license:
a. All drivers shall have a valid driver’s license that is appropriate for the types of vehicles
that they are allowed to operate.
b. All drivers shall furnish proof of their possession of a valid license anytime that they
are requested by supervisor to do so.
c. Supervisors shall check the driver’s license annually to determine that each driver
possesses a valid license.
d. Drivers shall report any change in the status of their driver’s license to their supervisor.
e. Any driver who has their license suspended shall notify his supervisor immediately and
shall not be allowed to drive or operate a Department vehicle until his license has been
restored.
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4. For the purposes of this standard, motorized vehicles shall be divided into two categories:
Category One and Category Two.
a. Category One vehicles are those vehicles used primarily for fire suppression purposes
and that have a gross vehicle weight that exceeds 11,000 pounds.
b. Category Two vehicles are those vehicles that have a gross vehicle weight of 11,000
pounds or less, and is primarily used for EMS or support services.
5. All drivers shall be required to obtain an EVOC certification prior to operating Category
One and Two vehicles. In the event that a leasing Department’s policies have allowed an
exemption from EVOC certification requirements into their internal policies, the Chief of
Emergency Services (or his/her designee) may grant a grace period not to exceed twelve
months for the attainment of the appropriate EVOC certification on a case-by-case basis
for longtime-volunteers with significant emergency apparatus driving experience.
5. Personnel shall not be allowed to drive or operate a Category One vehicle leased to a
County Volunteer Fire or EMS Department unless he/she has successfully completed the
leasing Department’s driver training program, is a student driver under the supervision of
a qualified driver, or has received specific authorization from an operational officer on an
incident specific basis.
6. All vehicles shall be operated in a safe and prudent manner, and all drivers shall comply
with all traffic laws and applicable rules and regulations.
7. No driver shall move a vehicle until all persons in it are in an approved riding position and
are properly secured.
8. A driver shall not back a vehicle unless his view is clear and unobstructed. Spotters should
be used when available.
9.
Drivers responding to emergencies shall comply with the provisions of Section 2.6,
Emergency Response.
10. Department of Emergency Services shall also comply with the provisions of Isle of Wight
Department of Emergency Services SOG-4.0 – Emergency Vehicle Operations, Apparatus
Inspection and Maintenance.
11. Authorization to operate any of the vehicles owned or operated by the Department may be
revoked by the Volunteer Fire Chief or Chief of Emergency Services for any of the
following reasons:
a. Reckless driving.
b. Failure to report apparatus damage.
c. Inability to operate the apparatus safely and efficiently.
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d. Failure to abide by Department S.O.P.’s governing the use of apparatus.
e. Failure to maintain the minimum training required by the Department.
Section 3.3
Safety
It is the responsibility of the driver to drive safely with due regard to public safety at all times. It
is also the responsibility of the driver to ensure that all driving policies are adhered to and that
sound apparatus practices are followed at all times. This includes, but is not limited to, safe and
responsible operation of apparatus, good knowledge of the response area, and fire apparatus
placement and operating procedures.
Due caution must be exercised when operating emergency apparatus. Response procedures and
routes must be maintained. In all cases, where practical, units shall proceed along the same and/or
prearranged route.
Seat belts shall be worn at all times when riding in emergency apparatus. It is the responsibility of
the driver to make sure that all persons on board are properly attired and wearing seatbelts before
the apparatus is moved. An individual who is providing direct patient care inside an ambulance
shall be permitted to momentarily release the seat belt while the vehicle is in motion – IF IT IS
ESSENTIAL TO PROVIDE PATIENT CARE. When the procedure has been completed, the
individual shall refasten the seat belt. Time without the protection of a seat belt shall be minimized.
Drivers of emergency apparatus shall ensure that the parking brake has been applied before exiting
the cab.
Section 3.4
Responsibilities
a. Drivers shall be directly responsible for the safe and prudent operation of their vehicles in
all situations.
b. When a driver is under the direct supervision of an officer, the officer shall be responsible
for the actions of the driver.
c. The volunteer department’s designated safety compliance officer shall monitor the status
of all volunteers who drive and operate a county owned emergency response apparatus to
ensure they have had the proper training, possess the proper license, are insurable, and have
had a defensive driving course.
d. The Chief of Emergency Services (or his/her designee) shall monitor the status of all Isle
of Wight County employees who drive and operate a county owned emergency response
apparatus to ensure they have had the proper training, possess the proper license, are
insurable, and have had a defensive driving course.
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e. Drivers shall be responsible for ensuring that all of the apparatus’ safety equipment is
functioning properly and that their vehicles are safe to drive prior to operating them.
f. When apparatus is stopped close to or on a roadway, the driver shall be responsible to place
traffic cones so as to direct motor vehicle traffic away from the apparatus and personnel.
g. It shall be the responsibility of any officer riding on a piece of emergency apparatus to
ensure that the driver of the apparatus maintains the rig in a safe and appropriate manner.
Drivers must use caution and observe all safety rules and traffic laws. This procedure will
ensure safety and avoid criticism from the public.
Section 3.5
Emergency Response
1. Categories of Response:
EMERGENCY: Those incidents that pose a significant risk to life or property. Emergency
response requires the use of audio and visual warning devices. These devices must be in use
during the entire duration of response unless the response is downgraded to a non-emergency
by a competent authority. The initial response to the following types of incidents shall be
considered emergencies:
a. A reported fire in a structure.
b. All categories of emergency medical incidents except non-life threatening request for
assist.
c. A reported fire outside of a structure that involves the potential destruction of property
or poses a risk to human or animal life.
d. Response to manmade or natural disaster involving the destruction of property and the
potential for injury or death.
e. Automated alarms with due regard for safety.
Non-Emergency: Those incidents that do not pose a significant risk to life or property. Audio
and visual warning devices are not to be used during non-emergency responses unless ordered
by a competent authority to upgrade the response to emergency status. The initial response to
the following types of incidents shall not be considered to be emergencies:
a. Medical incidents that involve transfers, lift assist, & et cetera.
b. Public service calls when there is no immediate threat to life or property.
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2. Response guidelines:
a. Apparatus engaged in a non-emergency response shall obey all applicable traffic safety
rules and regulations and shall not exceed the posted speed limit.
b. Apparatus engaged in an emergency response shall at all times govern their response
by the traffic, weather, and road conditions present at the time of response.
c. The maximum speed of travel shall not exceed the posted limits by more than 10 mph.
d. During an emergency response, drivers shall bring the apparatus to a complete stop for
any of the following:
1. When directed by a law enforcement officer.
2. Stop signs.
3. Red traffic signals.
4. Negative right-of-way intersections.
5. Blind intersections.
6. When the driver cannot account for all lanes of traffic in an intersection.
7. When other intersection hazards are present.
e. Drivers shall proceed through an intersection only when the driver can account for all lanes
of traffic in the intersection.
f. Drivers shall bring the apparatus to a complete stop at all unguarded rail road crossings and
shall not cross the tracks until determining that it is safe to do so.
g. Drivers shall bring the apparatus to a complete stop for all school buses that are loading or
unloading children. Drivers shall not proceed until the bus driver has clearly indicated that
it is safe to do so.
h. Drivers shall not pass other responding emergency apparatus unless the driver of the front
vehicle indicates it is safe to do so.
3. Response responsibilities:
a. Drivers shall be directly responsible for the safe and prudent operation of the apparatus in
all situations.
b. When a driver is under the direct supervision of an officer, the officer shall assume
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responsibility for the actions of the driver and shall be responsible for immediately
correcting any unsafe condition.
c. When responding under emergency conditions, warning lights and audible devices shall be
used as required by the Code of Virginia. Headlights shall be used at all times (day or night)
when the apparatus is in motion.
d. The use of warning devices only requests the right of way. It does not demand it! Operators
of emergency vehicles must make every possible effort to make their presence and
intentions known to other drivers.
e. Emergency response is to be used only in conjunction with emergency incidents.
Emergency responses shall be terminated as soon as it is apparent an emergency no longer
exists.
f. While en-route to an emergency incident, it shall be understood by all responding
personnel that the emergency apparatus shall have the right of way in all situations.
Personnel responding by privately owned vehicle (POV) shall not pull out in front of, or in
any manner impede the travel of the emergency apparatus, or block the emergency
apparatus’ access and egress from the emergency incident. Apparatus drivers should,
whenever possible, yield to chief officers while responding in their POV.
g. When operating under less than favorable conditions (fog, rain, snow, ice, etc.) the posted
speed is the maximum speed allowed.
h. When operating apparatus in good conditions, the posted speed is allowed to be exceeded
by no more than 10 mph. Good judgment and ability dictates how fast you drive to an
emergency.
i. When proceeding through intersections controlled by a stop sign or a traffic signal, the
driver shall bring the apparatus to a complete stop and account for traffic in the oncoming
lanes and assure that they are yielding the right of way. Due caution shall also be used
when proceeding through green traffic signals. Remember that a right turn on red is allowed
in Virginia and that vehicles making turns may not yield immediately.
j. When an emergency vehicle responding to an emergency approaches a school bus that is
loading or unloading children, the driver shall bring the emergency vehicle to a complete
stop. The driver may only proceed once the school bus driver has cleared the children of
the roadway, and has waved the emergency vehicle through.
k. While responding to emergencies, apparatus shall not pass each other unless the other
apparatus becomes delayed or disabled. If passing becomes necessary, permission must be
obtained through radio communications with the driver of the other apparatus.
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Section 3.6
Backing Apparatus
Drivers shall avoid backing whenever possible. Where backing is unavoidable, all available crew
members shall act as guides to the driver. If crew members are not available, it shall be the
responsibility of the driver to assure that there are no hazards that would interfere with the backing
of the apparatus. (The driver should exit the cab and make a 360 degree circle around the apparatus
to assure that it is safe to back.) Drivers backing apparatus in traffic shall operate their emergency
lights. Also, before beginning to back the rig, a short blast of the air horn shall be sounded to make
sure that all attentions is directed towards the backing apparatus.
Section 3.7
Parking Apparatus
Drivers shall, when parking apparatus, use the traffic cones provided to protect personnel who may
be working in the street and use warning lights to warn approaching drivers of the incident. When
possible, park the apparatus at an angle to provide a barrier for the driver/operator.
Section 3.8
Leaving a Location
Prior to leaving an incident scene or any location other than the firehouse, the apparatus operator
shall walk around the apparatus to look for hazards such as open compartments, loose equipment,
hose still connected to the apparatus and so forth.
Section 3.9
Accidents
The driver of a motor vehicle shall immediately notify his supervisor and the appropriate law
enforcement agency if he is involved in an accident.
Drivers shall not operate emergency vehicles while under the influence of alcohol, or any
substance that will adversely affect or impair the driver’s ability.
The supervisor shall notify the Assistant Chief of Operations whenever an accident involves an
injury, fatality, or damage to a vehicle or property. The supervisor will be responsible for notifying
the Volunteer Chief and Chief of Emergency Services.
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ARTICLE IV
Fleet Management
(Adopted April 15, 2004, Revised September 17, 2015)
Section 4.0
Applicability
County employees, official appointees of the Board of Supervisors, members of the Board of
Supervisors, Constitutional Officers’ staff that adhere to the County’s policies, volunteers, and all
others who are required to adhere to the County’s policies shall be governed by this policy.
Constitutional Officers and their staff not required to adhere to the County policies, along with the
Registrar, will use this policy as a guide relative to fleet management.
Exceptions may only be granted on a case-by-case basis by the County Administrator or his/her
designee after a request from the Department Head, Constitutional Officer, Agency Head or
County Attorney.
Section 4.1
Defined Terms
DGS –Isle of Wight County’s Department of General Services
Equipment is defined as any vehicle requiring a valid Commercial Driver’s License (i.e. roll-off
trucks, knuckle boom, school buses, dump trucks); or heavy equipment (i.e. back hoes, excavators,
tractors, front end loader, etc.)
Fleet refers to both Vehicles and Equipment, as defined herein.
Pool Vehicles are defined as vehicles that are not assigned directly to a Department/Agency for a
specific purpose and are available for use by all County Departments/Agencies.
Vehicle is defined as a passenger vehicle that carries up to 15 passengers.
Vehicle Management Control Center (VMCC) Program is a state scheduling and tracking system
for vehicle repairs, preventative maintenance, fuel consumption, mileage, inventory, etc. This
program is for County vehicles using gasoline (unleaded) fuel only and requires the vehicles in
this program to use the state fuel card system (Voyager Fuel Card).
Voyager Fuel Card System is a card based system used for fueling gasoline (unleaded) vehicles.
Transportation Liaison is the person designated by a Department/Agency Head to internally
manage their vehicles and equipment.
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Section 4.2
Roles and Responsibilities
County Administrator (CA) shall have ultimate authority over all decisions concerning fleet
management.
General Services Director, or designee, shall be responsible for the enforcement of all policies
and procedures concerning fleet management (i.e. assignments, utilization, maintenance, repairs,
and fuel). The Director will also be responsible for providing an annual operating budget
recommendation to the committee for additional/replacement fleet and Department/Agency fuel,
maintenance and repair budgets. All Pool Vehicle services will be the responsibility of the
Department of General Services.
Department/Agency Heads shall monitor and enforce all policies and procedures within their
respective Department/Agency. Provide annual reporting to the Director of General Services in
accordance with Section 4.8 for preparation of the annual operating budget.
Transportation Liaison shall coordinate all maintenance and repairs for assigned vehicles with
the VMCC, manage the state fuel card program (Voyager), ensure all payments are promptly
submitted for payment and provide necessary reporting to the Department of General Services.
Section 4.3
Maintenance and Care of Vehicles and Equipment
Each Department/Agency shall assign a Transportation Liaison, to be responsible for monitoring
and controlling the routine maintenance and repairs for fleet assigned to their Department/Agency.

For Vehicles using GASOLINE: The Department/Agency Head shall advise their drivers or
their designated Transportation Liaison to contact the Vehicle Management Control Center
(VMCC) for all servicing, repairs, breakdowns, and accidents.

For Equipment and Vehicles using DIESEL: The Department/Agency shall maintain them
in accordance with vehicle/equipment specific preventive maintenance schedules. Department
and/ or Agencies may contact the DGS for assistance in developing internal policies and
procedures.
a. Routine Maintenance:
The DGS recommends the Department/Agency Transportation Liaison and/or assigned drivers
routinely check their vehicles and equipment to ensure proper fluid levels and visually inspect
proper inflation of tires at least weekly and/or at the time of fueling.
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The exterior of the vehicles and equipment should be washed, the interior vacuumed and the
windows cleaned as often as needed.
b. Preventative Maintenance:
Department/Agency shall coordinate all preventative maintenance services of assigned
vehicles and equipment. Preventative maintenance shall be performed at least once each 6,000
miles or six (6) months, whichever comes first. Equipment on hours-based preventative
maintenance schedules will be serviced in accordance with recommended manufacturer’s
specifications.

Vehicles using GASOLINE: All services shall be scheduled through the VMCC. The
VMCC will contact the Department/Agency assigned to a vehicle when services are due.
Assigned drivers or their designated Transportation Liaison shall communicate with and
follow the instructions from the VMCC. Such servicing is to include an oil and oil filter
change, an inspection of the air filter, chassis lubrication and a visual inspection of the
belts, hoses, tires, and fluid levels.

Equipment and Vehicles using DIESEL: The assigned Department/Agency shall
maintain preventative maintenance schedules internally and schedules shall be based on
recommended manufacturer’s specifications. The Department/Agency is responsible for
scheduling services directly with the vendor and should use a VMCC approved vendor
when feasible. All acquired services, regardless of VMCC approved vendor, must adhere
to the County’s Procurement Policy located in Chapter 2, Financial and Accounting,
Article I of the County Policy Manual.
c. Repairs:
Department/Agency shall coordinate all repair services of assigned vehicles and equipment.
Mechanical trouble or deficiencies concerning vehicles shall be brought to the attention of the
Department/Agency Head and/or designated Transportation Liaison.

Vehicles using GASOLINE: All needed repairs or vehicle component replacements shall
be scheduled through the VMCC. The Department/Agency Transportation Liaison will
coordinate with the VMCC when repairs are needed. All repairs exceeding $699 will
require approval from the Director of General Services or his/her designee prior to services
being performed.

Equipment and Vehicles using DIESEL: All needed repairs or vehicle component
replacements shall be scheduled by the Department/Agency assigned to the vehicle. The
Department/Agency is responsible for scheduling services directly with the vendor and
should use a VMCC approved vendor when feasible. All acquired services, regardless of
VMCC approved vendor, must adhere to the County’s Procurement Policy located in
Chapter 2, Financial and Accounting, Article I of the County Policy Manual.
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d. Warranty or Recall:
Each Department/Agency shall ensure that warranty or recall notices are properly addressed
and reported to the Department of General Services.

Vehicles using GASOLINE: The Department/Agency Head or Transportation Liaison
shall contact the VMCC when warranty or recall notices are received. Any subsequent
work shall be coordinated and scheduled through the VMCC.

Equipment and Vehicles using DIESEL: The Department/Agency is responsible for
coordinating all warranty and recall work directly with the vendor or manufacturer. This
information shall be added to the Department/Agency’s internal vehicle records.
e. State Inspections:
Each Department/Agency shall ensure that their assigned vehicles are inspected in accordance
with Virginia state inspection schedules.

Vehicles using GASOLINE: Vehicle inspections shall be scheduled through the VMCC.
The VMCC will contact the Department/Agency assigned to a vehicle when inspections
are due.

Equipment and Vehicles using DIESEL: All inspections shall be scheduled directly with
the vendor by the Department/Agency assigned to the vehicle. All acquired services must
adhere to the County’s Procurement Policy located in Chapter 2, Financial and Accounting,
f. Towing:

Vehicles using GASOLINE: When a vehicle is inoperable, the driver shall call the VMCC
to arrange for towing or on-site repairs, or for the transportation of the driver and any
passengers to a safe location.

Equipment and Vehicles using DIESEL: The Department/Agency assigned to the vehicle
is responsible for contacting a local vendor for service. All acquired services must adhere
to the County’s Procurement Policy located in Chapter 2, Financial and Accounting,
g. Responsibility for Cost of Maintenance and Repairs:
Each Department/Agency shall ensure assigned vehicles and equipment are in good running
order, making repairs and replacing all vehicle equipment components when necessary.
Departments/Agencies shall be responsible for paying bills as allotted in their approved budget.

Vehicles using GASOLINE: The VMCC pays vendors directly for all vehicle services and
then invoices the Department/Agency that is responsible for the vehicle. The
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Department/Agency is responsible for ensuring that charges are accurately billed and paid
in a timely manner.

Equipment and Vehicles using DIESEL: The Department/Agency Heads are responsible
for ensuring that charges are accurately billed and payment is made directly to the vendor
in a timely manner.
Section 4.4
Servicing Vendors
In accordance with the County’s Procurement Policy located in Chapter 2, Financial and
Accounting, Article I of the County Policy Manual, only vendors listed on the VMCC approved
vendor list will be consider an approved vendor.
In some circumstances, the vendor from whom a vehicle or piece of equipment was purchased
may be recognized as an authorized repair vendor, provided they perform such services as are
needed. If the vendor is not listed on the VMCC approved list, the Department/Agency Head shall
call the Department of General Services for instructions.
Section 4.5
Vehicle and Equipment Assignment
To insure full and proper utilization, the County vehicles and equipment are assigned by the
Department of General Services to a Department and/or Agency and managed by the
Department/Agency Head or Transportation Liaison. While the needs of a specific employee may
be used as justification for an additional assignment of a vehicle, the assigned vehicle is to be
under the control of the Department/Agency Head for use throughout the Department/Agency.
The assignment of a vehicle shall be reviewed annually during the budget process at the discretion
of the Director of DGS. Vehicle assignments will terminate upon notification by the Director of
DGS, unless the Department/Agency Head determines that the vehicle is no longer needed prior
to such notification.
1. Assignment Criteria:
Assignments will be approved only on the basis of one (1) of the following:
a. Law enforcement or emergency services – all vehicles shall be assigned vehicles.
b. An employee whose job duties require the constant use or continuous availability of a
vehicle or specialized equipment, which cannot feasibly or economically be either
transferred between Departments or Agencies. Such equipment may include medical
supplies, a monitoring or testing apparatus or other supplies, equipment or material
necessary to perform the Department/Agency’s mission or function.
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c. An employee, on 24-hour call, who must respond to emergencies on a regular or continuing
basis where the emergency response is normally to a location other than the employee's
official work station.
d. The vehicle is used for essential travel on a routine basis for essential administrative
functions of the Department/Agency for which the use of a temporary assignment or
personal mileage reimbursement is neither feasible nor economical.
2. Request for Assignment:
Requests by Department/Agency for assignments are to be submitted to the DGS on the
FLEET-1 Form, "Application for Assignment of County Vehicle or Equipment" (Attachment
# 1) Completed form must be signed by the Department/Agency Head. The form should be
submitted at least 90 days prior to the need for the vehicle, when feasible.
3. Assignment - Informational Updates:
Departments/Agencies are to keep the DGS advised of any changes regarding vehicle and
equipment assignment, including changes in the principal assignee, location of vehicle or any
factors that may affect vehicle utilization. The FLEET-1 Form, "Application for Assignment
of County Vehicle or Equipment." (Attachment # 1) is to be used to advise DGS of any
changes.
4. Recall of Assigned Vehicles and Equipment:
The DGS has the authority to recall any vehicles or equipment to support County operations.
The process for recall shall be as follows:

The DGS shall notify the Department/Agency Head of the vehicle recall in writing.

The Department/Agency Head may appeal the decision to the Director of the DGS in
writing within 15 days.

The Director of DGS shall make a final determination of any appeals and notify the
appropriate Department/Agency Head within 30 days.
Section 4.6
Fuel Program
1. Unleaded Fuel: Fuel shall be obtained using the Voyager Fuel Card assigned to each vehicle.
Drivers MUST enter correct odometer readings, no tenths, into the card readers at commercial
self-service fueling sites.
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Each card shall be assigned to a specific vehicle and only used for obtaining fuel for that
vehicle only.
It is the responsibility for the Department/Agency Head or designated Transportation Liaison
to run reports to ensure consistent and correct odometer readings are entered. Correct odometer
readings are critical to the VMCC system, and this requirement will be strictly enforced.
Improper fuel transactions identified by the VMCC or DGS will be reported immediately to
the respective Department/Agency who will have 15 days to investigate and respond to the
DGS.
Use only unleaded regular fuel in gasoline powered County-owned vehicles. Mid-grade or
premium blends are only to be used when regular is not available or the manufacturer requires
the use of high-octane fuel in the vehicle.
A directory of Voyager Fuel Card locations can be found at:
https:// www.fleetcommanderonline.com/app/public/merchantLocator.do a. Voyager Fuel Card Program Responsibilities:
This card program is for gasoline (unleaded) fuel only and shall be managed in a manner
consistent with all applicable County accounting policies and procedures related to the use
of charge card programs. Department/Agency Heads assume ultimate responsibility for
employees’ use of the card, as well as the accountability for the physical security of the
fuel cards.
A Voyager Fuel Card assigned to a vehicle can be only be used to purchase either
regular unleaded gasoline or E85 if the vehicle is capable of using E85.
b. DGS Responsibilities:

Periodically monitors Department/Agency card usage activity for delinquent payments,
inactive cards, inappropriate purchases and proper mileage entry.

Ensures Department/Agency Fuel Card users and Transportation Liaisons receive
appropriate training and support from the fuel card vendor.
The DGS will electronically monitor all fuel card accounts in the program via the state
website. If a Department/Agency has questions regarding the Voyager Fuel Card
program, please contact:
Department of General Services at (757) 365-1658
2. Diesel Fuel: Fuel shall be obtained at designated County owned fueling stations or using the
purchasing card at commercial stations when authorized by the Department/Agency Head.
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3. Payment of Bills: Departments/Agencies shall be responsible for paying bills as allotted in
their approved budget.

Vehicles using GASOLINE: Voyager pays vendors directly and then invoices the
Department/Agency that is responsible for the vehicle. The Department/Agency is
responsible for ensuring that charges are accurately billed and paid in a timely manner.

Equipment and Vehicles using DIESEL: The Department/Agency using a County owned
fueling station shall ensure drivers promptly inform the DGS of following;
Department/Agency name, driver’s name, vehicle/equipment number, number of gallons
and the date of the transaction. Charges will be based on the vendor’s average monthly
charge per gallon.
Section 4.7
Additional/Replacement Fleet
All budgetary requests for additional and replacement vehicles and equipment shall be planned
and programmed in the annual budget cycle by the DGS. Department/Agency requests shall be
submitted to the DGS as defined in Section 4.5, Assignments, using the FLEET-1 Form,
"Application for Assignment of County Vehicle or Equipment."
For all emergency replacement requests, Department/Agencies should contact the DGS.
Replacements shall be based on total cost to operate, mileage, and/or age. Total cost to operate
shall have the highest value. Total cost shall take into consideration cost to purchase replacements,
operational cost, maintenance cost, age, condition, and resale value. Replacements shall not be
based on personal preference. Determination of replacements shall take place during budget
preparation. Once a vehicle or equipment has been put out of service and the replacement has
been received, the replaced vehicle or equipment will be returned to the DGS. If a
vehicle/equipment recommended for replacement is not replaced, repairs necessary to ensure that
the vehicle/equipment is safe and reliable will be accomplished until a replacement is obtained.
Compact and mid-sized vehicles shall be specified whenever they can accomplish the mission for
which they will be utilized. Full-sized vehicles are to be purchased only when justification shows
that compact and mid-sized vehicles are not best suited for the intended mission.
Automatic transmissions shall be specified for automobiles and light trucks. Manual transmissions
may be specified only when an automatic transmission is not suitable for a particular application.
Requests for four-wheel drive vehicles may be approved when a compelling need can be
demonstrated.
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1. Replacement Criteria for County Fleet:
County passenger vehicles will not be considered for replacement until they qualify for at least
one (1) of the following criteria:
a. Vehicle has over 85,000 miles.
b. Vehicle is more than seven (7) years old.
c. Vehicle has damage or needs repair that is greater than 80% of the NADA value.
d. Director of DGS has determined that the overall condition of the vehicle has deteriorated
to an “un-repairable” state.
2. Disposal Process for County Fleet:
Once a vehicle has met the disposal requirements and the Director of DGS has notified the
Department/Agency, the following steps shall be followed:
a. Removal of all seals, decals, and equipment from the vehicle.
b. Return the vehicle to the Department of General Services.
c. If the vehicle is not drivable, the Department/Agency Head should contact the DGS. The
DGS will make arrangements for the vehicle to be transported.
d. The DGS will process the vehicle for surplus, which includes notifying the Department of
Budget & Finance for asset management and fiscal purposes, as defined in Chapter 2,
Financial and Accounting, Article I, Central Purchasing and Article V, Fixed Assets.
Section 4.8
Annual Reporting Requirements
The Department of General Services will ultimately prepare the fleet budget recommendation to
the County Administrator each year. The Departments/Agencies should submit information to
DGS about their fleet needs for the upcoming fiscal year. DGS will then prepare a recommended
budget request.
Each Department/Agency with assigned vehicles and equipment will be responsible for submitting
an annual report to the DGS. The annual report shall include year, make, model, vehicle/equipment
identification number, current mileage, last inspection date, fuel, repair and preventative
maintenance costs (to include description of work performed) for each vehicle.
1. Vehicles using GASOLINE: A report from the VMCC will satisfy all annual reporting
requirements. The DGS will contact the Department/Agency directly, if discrepancies are
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358
found in the VMCC report, in which case the Department/Agency Head will have 15 days to
reconcile the discrepancy.
2. Equipment and Vehicles using DIESEL: Departments/Agencies shall provide the annual
report as defined above directly to the DGS.
Section 4.9
Violation
Failure to comply with the Fleet Management Policy may result in disciplinary action, up to and
including termination. The Director of General Services has the authority to remove from service
any vehicles or equipment not being properly maintained or in need of repair.
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ATTACHMENT A
FLEET-1 FORM
Isle of Wight County
Department of General Services
"Application for Assignment of County Vehicle or Equipment"
Department/Agency:
Type of Request:
Date:
Vehicle Assignment Details:
Select One
Class of Vehicle/Equipment:
Select One
Date Needed:
Shared or Individual Use:
Select One
Projected Annual Mileage:
Reason for Assignment Request:
Vehicle Description (this section only needs to be completed if you are requesting a pickup, SUV, cargo van or
heavy equipment). Please describe what you want; 1/2 ton, extended cab, etc.
4x4 Justification: Provide a description or rationale for 4x4 to include off road usage.
Size Justification: Provide usage justification for any vehicle larger than a compact car.
For REPLACEMENT Vehicle/Equipment Requests Only: Please provide the following information
regarding the vehicle or equipment your requesting to be replaced, should your request be granted:
Year:
License Plate Number:
Make:
VIN:
Model:
Current Mileage:
Additional Vehicle Information (if any; 4x4, specialized equipment, etc.)
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Certification
I hereby certify that the information provided on this form is true to the best of my knowledge and that the
vehicle/equipment being requested is the most cost effective means that meets my mission requirements.
Department/Agency Head
Date
Department/Agency Transportation Liaison
Date
Department of General Services Use Only
Request for Additional Vehicle Approved
Yes
No
Request for Replacement Vehicle Approved
Yes
No
Request for Additional Equipment Approved
Yes
No
Request for Replacement Equipment Approved
Yes
No
The reason your request was denied:
Director, Department of General Services
Date
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ARTICLE V
Use of County Equipment
(Adopted November 4, 2004; Revised September 17, 2015)
Section 5.0
Applicability
County employees, appointees of the Board of Supervisors, members of the Board of Supervisors,
Constitutional Officers’ staff that adhere to the County’s policies, volunteers, and all others who
are required to adhere to the County’s policies shall be governed by this policy Constitutional
Officers and their staff not required to adhere to the County’s policies, along with the Registrar,
will use the County’s policy as a guide relative to the use of County equipment.
Exceptions may only be granted on a case by case basis by the County Administrator or his/her
designee after a request from the Department/Agency Head.
Section 5.1
Authorized Use
a. Official Use - County-owned equipment is authorized “For Official Use Only.” Such
equipment is to be utilized to perform the functions and to conduct the operations and
programs of the Department or Agency which is using the equipment. County equipment
may be utilized both within and outside of the County for official use.
b. Volunteers - Volunteer workers may operate County-owned equipment while acting within
the scope of their duties with the prior written approval of the appropriate
Department/Agency Head.
Section 5.2
Unauthorized Use
a. Personal Use - County-owned equipment may not be utilized for personal purposes. At the
end of the normal workday, all County-owned equipment shall remain at designated
County facilities, unless the employee will be working away from a County facility and
requires the use of assigned County-owned equipment.
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b. Prohibition of Alcohol and Illegal Substances - It is absolutely prohibited for Countyowned equipment to be utilized if the operator is impaired by, or under the influence of
alcohol, intoxicants, drugs, or illegal substances.
c. Notification - It is the volunteer or employee's responsibility to notify the appropriate
Department Head, Agency Head or County Administrator of any condition or situation
(medical or otherwise) which would impede his/her ability to operate County equipment.
The County reserves the right to revoke the volunteer or employee's authorization to
operate County equipment should such situations or conditions warrant.
Section 5.3
Equipment Operating Practices
a.
Training - Department Heads/Agency Heads are responsible for ensuring that their
employees and volunteers are properly licensed and/or trained to operate County
equipment.
b.
Avoidance of Accidents - Equipment users must operate County-owned equipment in such
a manner so as to avoid an accident.
Section 5.4
Violations
The County Administrator’s Office will review all violations of this policy. Violations may result
in disciplinary action, as appropriate.
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CHAPTER 5:
BUILDINGS AND GROUNDS
Chapter 5: Buildings and Grounds
ARTICLE I
Prohibition of Tobacco Use on County Owned Property
(Adopted March 21, 1996; Revised May 21, 2009)
Tobacco use has been identified as a major health problem in the United States. It is one of the
leading causes of premature death, and chronic disability in our Country.
The Board of Supervisors of Isle of Wight County is dedicated to providing a healthy, comfortable
and productive environment for staff, employees and citizens.
The use of all tobacco products, including cigarettes, cigars, pipes, chewing tobacco, and snuff is
prohibited inside any building or vehicle owned or leased by the County of Isle of Wight. Such
prohibition shall apply at all times, day or night. This policy shall apply to all staff, employees,
visitors or other persons conducting business within the buildings and vehicles of Isle of Wight
County. The use of tobacco products is strictly prohibited within twenty-five (25) feet of the
Young-Laine Court Building.
The Board of Supervisors of Isle of Wight County adopts this policy in a sincere appeal to all staff,
employees and citizens to cooperate in helping create a truly healthy, smoke-free environment for
all concerned.
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ARTICLE II
Distribution/Display of Outside Communications/Materials
Employees of the County are to be protected from intrusions on their time by announcements,
posters, bulletins, and communications of any kind from individuals and organizations not directly
connected with the County government. The distribution and/or display of materials or information
which publicly endorses or supports groups or organizations involved in a commercial endeavor
for profit or political campaigns or religious groups is prohibited. Any materials that are
distributed/displayed or made available on County property to County employees shall be
approved in advance by the County Administrator or his/her designee may regulate the time, place
and manner of such distribution/display. Materials may not be distributed/displayed in County
buildings or on County property without approval of the County Administrator or his/her designee.
All requests to circulate, distribute or display materials in County buildings or on County property
shall be directed to the County Administrator or his/her designee for approval.
Expression which is libelous, slanderous, or defamatory under State law, or is of or promotes any
religious denomination, is prohibited. Furthermore, the County Administrator or his/her designee
shall regulate the distribution of material where there is a reasonable basis for the belief that such
publication or expressive activity would create a clear and present danger of the commission of
unlawful acts, or the violation of County policies, regulations, ordinances, or State or federal law,
or would materially disrupt and/or interfere with the orderly operation of County government or
which violates the privacy rights of others.
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ARTICLE III
Boykin's Tavern
Section 3.0
General Use
a.
The Tavern and grounds should be open to the public for viewing, interpretation and educational
uses.
b.
The use of the Tavern for local government and community organizations should be limited to the
conference room and classroom, Rooms 11 and 8 respectively, with access to said rooms and
kitchenette utilizing the main hallway.
Rental of these rooms for organizations and groups should be restricted in accordance with
guidelines to be established. When this use is allowed, the areas of the Tavern in which the antiques
are located should be set apart by rope barriers.
Also, the public use should be limited to very small functions, for events such as weddings such
as performed by the Clerk of the Court, formal portraits and small group meetings.
Section 3.1
Facility Request - Use Agreement
Boykin's Tavern is a significant historical structure in Isle of Wight County and requires careful
and gentle use; as such, we understand that the occupancy and use of Boykin's Tavern classroom
and conference room are subject to the following guidelines:
a.
Room #11, on the second floor, will be available for public conference meetings and
special events after approval from the Department of Tourism. Please be advised that there
is no audio/visual equipment or Internet access available at this time.
b.
Inside functions are limited to a maximum of 48 persons.
c.
The kitchenette can only be used for food warming, in microwave.
d.
No food or beverages are allowed to be placed upon the tables without adequate protective
covering.
e.
No food or beverages shall be allowed on the second floor other than Room #11 & Room
#8.
f.
No open flame may be used at any time, to include, but not limited to, no lighted candles,
and no fires in the fireplaces.
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g.
As a public facility, no smoking will be allowed in Boykin's Tavern.
h.
Due to the age of the floors, no high heels can be worn therein.
i.
No decorations may be affixed to walls, floors, ceilings, or furnishings.
j.
This facility is not suitable for indoor children's parties.
k.
Parents or person in loco parentis will be responsible for their children's conduct while in
the facility.
l.
Facility Use Fees may be charged for the use of the facility to cover costs of operation (e.g.
electricity and/or repairs related to normal use of a historic structure) and personnel (e.g.
use of Tourism docent.) Such Use Fees as set by the Board of Supervisors (See Section
3.2)
m.
The Tavern will be opened for you and locked by Tourism staff. This assures the safety of
the building. County Staff must leave their Driver's License in lieu of deposit, to be returned
upon receipt of the Tavern key.
n.
The premises must be cleaned and returned to the same condition after the event as they
were prior to the event.
o.
The contracting party shall be responsible for cost of replacement or repair for any damages
done to the facility or any contents thereof.
p.
Persons or organizations not residing or located in the County of Isle of Wight shall have
a local County resident or organization as sponsor to be responsible.
q.
No music is allowed.
r.
One is responsible for clean-up room(s) which you use. This means you must remove your
garbage from the building.
s.
Use fees must accompany a completed application in order for your request to be
considered.
We further understand and agree to the following:
a.
This permit may be cancelled by the County at its discretion.
b.
We are responsible for any and all damages to the site, building and/or furniture/equipment
for the duration of the time and dates listed on the application and understand that we may
not be permitted to use the property again if we fail to accept these responsibilities.
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c.
We agree to indemnify and hold harmless Isle of Wight County, and their officers,
employees, and agents from any and all claims, demands, suits, causes of actions, or
judgments any persons had, now has or may have in the future concerning the event which
is subject of this agreement (Government organizations exempt from this requirement).
d.
Isle of Wight County is not liable for anything we do or sponsor while using these facilities.
e.
Do we have liability insurance? Yes _____ No _____
If yes, please attach a copy of the certificate of insurance.
Date of Application
Signature of Applicant
Sponsor
(if
necessary)
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Section 3.2
Facility Request - Use Fees
a.
Rooms #8 and #11 may be used for a fee or $100.00 for a minimum of two hours. Use after
two hours is $75.00 per hour.
b.
Hours of rental
Daytime - 9:00AM to 4:00 PM when the Tavern is not open for public viewing.
Evening - 6:00PM to 11:00 PM Monday - Friday.
c.
Use fees will not be collected from County sponsored activities under the direction of the
County (e.g. Local Government meetings). To obtain a key, the County employee must
leave a $50.00 deposit or their driver's license if using the Tavern other than the Tavern's
normal hours. Deposit will be returned when key is returned.
d.
Use fees will not be charged for the following:
1.
School related groups composed of school personnel that are considered to be
educational professional organizations or directly connected to school division
programs (e.g. PTA)
2.
Isle of Wight County Historical Society
3.
Fire Departments, rescue squads and life saving crews of Isle of Wight County.
e.
However, Groups connected with #1, #2, #3 will need to pay for docent's time.
f.
A reduced fee for community and/or civic groups based in Isle of Wight will be $25.00 per
hour. Minimum use of two hours.
(Make check payable to County of Isle of Wight)
Deliver or mail to:
Department of Tourism
Post Office Box 37
130 Main Street
Smithfield, VA 23431-0037
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Section 3.3
Facility Request - Application
Application (To be completed by the applicant)
(Please print or type)
Name of Organization
Contact Person
Address
City
State
Telephone (Home ) _______________
Zip
Telephone (Work)
Date of Event:
State Time:
Day of Week:
Ending Time:
Name/Purpose of Event:
Space/Room Request:
_____ Room #11 (1762 Conference Room - Seating Capacity of 25 Maximum) &
Room #8 (Classroom)
Number of participants (Maximum of 48 inside Tavern):
_____ Adults
_____ Children (please see Guidelines #10 and #11)
Will food be provided and/or served by your organization at this meeting:
(Microwave available for warming)
_____ No
_____ Yes, will provide light refreshments (Please Specify)
______________________________________________________________________________
______________________________________________________________________________
To be completed by County Tourism Official:
_____ Facilities Request Form and Agreement completed by Contact Person/Applicant with payment
for Facility Use Fees
_____
Request for Use approved by Tourism Department _____ (date)
and by whom
$ _____ Total Fees Collected. Cash $_____ or Check # _____
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Section 3.4
Acceptance of Loan Items
The loans for display of antiques, artifacts and other items of historical note will be accepted upon
the following terms and conditions:
a.
Any valuations or prices shown as stated by the lender are not to be considered as appraisals
by the County.
b.
The County will not alter, repair, or clean any objects loaned without the lender’s
permission.
c.
Should any loss, damage, and/or deterioration be noted, the lender will be notified by the
County.
d.
Unless noted in an agreement, it is understood that the object listed may be photographed
or reproduced for promotional, educational and catalogue purposes.
e.
If the lender has knowledge of special conditions governing the objects listed such as
copyright, lien, custom bonds, ownership, etc., the lender must inform the County in
writing at the time of the loan.
f.
All costs of insurance, packing, crating, transportation and custom formalities will be borne
by the County. Should the lender withdraw the object from the County prior to the end of
the loan period the lender will be responsible for those costs.
g.
Value is to be determined by lender and stated in writing at the time of the loan.
h.
The County may have an appraisal done of the value of the item.
i.
The loan period must be stated in writing at the time of the loan and must be definite.
j.
Any use of the items loaned will be limited to in-house display or storage unless special
permission is given in writing by the lender.
k.
In order to pick up the item, lender must give the County at least two (2) weeks notice in
writing.
l.
Although the County will use its best efforts to preserve, maintain, and secure the item for
the benefit of the lender, the County will not be responsible for any loss, theft or damage
incurred to said item while in the possession of the County pursuant to the loan.
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ARTICLE IV
Parks and Recreational Facilities
(Revised December 15, 2005; August 21, 2009; November 18, 2010, May 12, 2011)
Section 4.0
Facility Usage & Rentals (Carrollton Nike Park, Otelia J. Rainey Community
Center and Fort Boykin’s Historic Park)
Application and Fees
Anyone wishing to rent out any of these facilities must fill out an Application/Permit form at Nike
Park and fees must be paid up front in order to hold the area. For additional information, please
call (757) 357-2291 between the hours of 9:00 a.m. and 5:00 p.m.
There will be no refunds, unless cancellation is made by Parks and Recreation. Inclement
weather will not result in a refund unless Parks and Recreation facilities are closed.
Pursuant to Code of Virginia Section 15.2-1806 (1950, as amended) the Board of Supervisors is
authorized to fix fees for County parks and recreation facilities. The Board hereby delegates to
the County administrator the authority to set such fees on an annual basis.
The Director of Parks and Recreation in conjunction with the Director of Budget and Finance will
review the County’s facility usage fees annually and make a recommendation to the County
Administrator. Fees for facility usage will be posted on the County’s website and will be made
available to the general public through the Parks and Recreation Department.
Carrollton Nike Park:
Picnic Areas Rental hours 8:00 a.m. until Dusk (30 minutes before dark)
Area A (Shelter) maximum of 200 participants
Area B (Woods) maximum of 100 participants
Note: Groups over 200 participants must meet special requirements and special
authorization is required (Must rent both A & B areas).
Recreation Hall Rental areas 8:00 a.m. until 10:00 p.m. (Setup and take down time must be included in the time of
rental)
Meetings - Maximum of 100 participants
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Banquet - Maximum of 80 participants
All rental fees must be paid in full at the time of reservation. Reservations made less than 2 weeks
prior to rental must be paid in cash, money order or cashier’s check. Renters are also responsible
for cleaning tables and placing materials in the trash receptacles. Failure to do so may result in
revocation of future use privileges.
Athletic Fields (Softball/Baseball) Payment in full must be made at the time of reservation for the use of the fields. If fund raising
rules apply payments for team registration and lights are to be made 2 days prior to tournament.
Day use (9:00 a.m. until dusk - 30 minutes before dark)
SPECIAL NOTES: Fields will only be prepared by the Department of Parks and Recreation. Parks
& Recreation reserves the right to cancel the use of the field at any time due to inclement weather
conditions or due to unanticipated circumstances.
Otelia J. Rainey Community Center
Rates for the use of Otelia J. Rainey Community Center’s Shelter and Recreation Hall are the same
as the Nike Park rates.
Listed below are the maximum number of participants.
Shelter - Maximum of 50 participants
Recreational Hall - Maximum of 36 participants
Fort Boykin’s Historic Park
Rates for the use of Fort Boykin’s Historic Park’s Shelter are the same as the Nike Park rates.
Listed below are the maximum numbers of participants.
Shelter – Maximum of 50 participants
Section 4.1
Riverview Park Memorial Gardens - General Procedures
All individuals honored in the Riverview Park Memorial Gardens will be memorialized in
accordance with the following:
-
Individuals or groups to be memorialized shall receive such authorization from the Board
of Supervisors or its designee prior to the memorialization.
-
The tree selection for memorials will be limited to Dogwood, Live Oak or Japanese
Snowbell.
-
Donor may have input as to the location of the planting within a designated area.
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-
Any type of dedication service with each planting will be the responsibility of the donor.
Donations will cover the cost of the tree, the planting of the trees, and the plaque. The
plaque provided by the Department of Parks & Recreation will include:
In Memory of
Dates
Date of Presentation
-
-
Participation in the tree-planting program will require a minimum donation of $150.
Special plants in vistas will be designed by the Department of Parks & Recreation with
cost estimates based on the actual cost of materials plus a minimal administrative charge.
The Department of Parks & Recreation will provide maintenance of the area.
-
NOTE: Donors will not be allowed to provide additional plantings in or around the area of
their designated tree planting.
-
Tree Replacement: In the event of disease or a situation where a tree does not survive, the
Department of Parks & Recreation will replace the tree at no charge to the donor.
Section 4.2
Riverview Park Memorial Gardens - Application Procedures
-
Applications with designated payment are to be submitted to the Department of Parks &
Recreation.
-
Applications will be submitted to the Isle of Wight County Board of Supervisors for
authorization (first Thursday of each month).
-
Notice will be provided to applicant of acceptance or denial.
Location of planting will be determined.
-
Applicant will be notified of proposed date of planting.
Any deviation from the aforementioned policies and procedures will require prior authorization
from the Isle of Wight County Board of Supervisors.
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Section 4.3
Riverview Park Memorial Gardens - Application
Isle of Wight County Memorial Garden
13036 Nike Park Road
Carrollton, VA 23314
(757) 357-2291 / Fax (757) 365-0112
Applicant Information
Name:
Address:
Phone Number: Day (___) __________ Night (___)__________
Donation is in memory of:
Dates: __________ to __________
Write a brief statement as to the contribution that he/she made to the community:
Check type of Tree:
____ Live Oak ____ Dog Wood ____ Japanese Snowbell
There will be a one-time donation of $150 (see attached)
Make all checks payable to: Isle of Wight County Department of Parks & Recreation and mail to
the above address.
*All applicants will be presented to/and approved by the Isle of Wight County Board of
Supervisors.
_________________
Date of Board Action
________
Approved
________
Denied
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Section 4.4
Facility Use Agreement, School Board of Isle of Wight County and Board of
Supervisors of Isle of Wight County (Adopted April 3, 2003)
a.
Term
The County and School Board agree that this agreement shall continue until terminated by either
party upon written notice of not less than sixty (60) days to the other party.
b.
Fees and Charges
All fees and charges for use of the facilities are waived between the parties.
c.
Facilities and Equipment Use
The School Board and the County agree to share the use of facilities and equipment whenever
possible. Any damage created by improper use will be the responsibility of the using agency. The
School Board and County agree that each reserves a right of entry and inspection of facilities being
used by the other at any reasonable time.
The following school facilities may be made available during non-school hours and after school
programs have ended: for designated classrooms, gymnasiums, restrooms, cafeterias, auditoriums,
multi-purpose rooms, outdoor fields, facilities and other areas as mutually agreed.
d.
Facilities Scheduling
Facilities use will require the making and use of appropriate reservation forms. Applications for
use should be made a minimum of eight weeks in advance to ensure proper scheduling. Application
for use from community groups or the general public will not be approved until after this time has
expired. It is the intent of this agreement that the School Board and County shall have preferred
status in the use of said facilities over other parties.
The School Board and the County agree to notify each other immediately of any conflict in
scheduling that arises so that alternative space for use when these situations occur may be provided.
e.
Facilities Supervision
The user of the facilities shall be responsible for providing adequate supervision during the periods
of use. The using party will be responsible for the behavior and conduct of all program participants
including spectators. A responsible person will be designated by each party using the facility.
f.
Cooperative Development of Recreational Facilities
The parties hereto, recognize the mutual benefit for the citizens of the County and agree to jointly
undertake development of recreational facilities whenever possible. When such joint or
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cooperative development is proposed, the parties may enter into separate written agreements to
provide details as to rights and obligations of the parties with respect to the development of said
joint facilities. This cooperative development shall include consideration of possible recreation
facilities in the design of future schools.
g.
Maintenance of Facilities
Maintaining school property shall be the responsibility of the School Board. Maintaining County
Park and Recreational facilities shall be the responsibility of the County. The incidental and
ordinary costs of making schools available for park use (such as heat and light) or making parks
available for school use are deemed to be offsetting. However, direct costs incurred in making
facilities available which are over and above the incidental or ordinary shall be reimbursable by
either party to the other. Reimbursable costs shall include, but are not limited to, repair of the
facility damage due to vandalism occurring during times a facility is in the control of the other
party; direct costs of extensive janitorial services required as result of the activity of the party;
special modifications of a facility which are required to be made to accommodate use by the other
party. The parties each hereby agree to maintain the premises of the other in good repair while
they are under the control of the other and to bear the cost for required repairs, which are
attributable to a breach of this duty.
h.
Liability/Enforcement of Rules and Regulations
Each party will be responsible to the other party for any and all costs, damages, or expenses arising
from any accident or other occurrence while said party is using said facility.
Each party may promulgate or enforce its own rules and regulations concerning the use of the
facility while being used by said party.
Nothing herein however shall be deemed to waive any limitations upon liability through sovereign
immunity which exist for both parties as to third parties.
i.
Amendments and Modifications of this Agreement
The parties may amend this contract by agreement. Such amendments shall be effective upon the
approval of the School Board and the Board of Supervisors and upon the signature of the chairman
of the School Board and chairman of the Board of Supervisors
j.
Assignment
Neither party shall assign its use of the others facilities as hereinabove provided; however, either
party may enter into agreements with other parties or agencies to permit the use of these facilities
under the said party’s supervision and control.
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k.
Non-discrimination
The parties each agree that while in or upon the facilities of the other, that at no time shall it
discriminate against any person on the grounds of face, religious affiliation, color, national origin,
disability or age.
Section 4.5
(Adopted 5/12/11)
Tyler’s Beach Boat Harbor - User Fee
a.
Intent
Incorporate a fee that will subsidize a portion of the expenses that are incurred by regular users of
the Tyler’s Beach Boat Harbor.
b.
c.
Process
-
Incorporate a fee that will not exceed an annual payment of $250.00.
-
Fee will be applied to all applicants.
-
User fee period will be January 1 until December 30 of any current year.
-
Applicant will be billed each January. Payment must be received within 45 days of
the billing date.
-
Individuals who make application after July 1 of a current year will incur a cost of
$125.00.
-
All users must file and adhere to components of the “Tylers Beach Boat Harbor
Docking Agreement.”
-
NO REFUNDS FOR ALL OR A PORTION OF A FEE FOR ANY REASON.
Services Provided
Opportunity to utilize space to moor a watercraft within the boundaries of the Tyler’s
Beach Boat Harbor.
Use of electricity.
Use of fenced yard to make repairs to watercraft.
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Section 4.6
(Adopted 11/4/04, Revised 8/21/09, Revised 5/12/11)
Tyler’s Beach Boat Harbor - Docking Agreement
Name of Vessel:______________________________________
Vessel holds: ____ Va. Registration #__________________
____Documentation
Registered Owner:____________________________________
Mailing Address: _____________________________________
_____________________________________
_____________________________________
_____________________________________
Physical Address:_____________________________________
_____________________________________
_____________________________________
_____________________________________
Phone #___________________(Day) ________________(Night)
I, the undersigned, agree to the following conditions for docking or mooring my vessel at the
Tyler’s Beach Boat Harbor, Isle of Wight County (the “Boat Harbor”):
a. All vessels utilizing the Boat Harbor for docking or mooring are to be registered with the Isle
of Wight County Department of Parks and Recreation.
b. My vessel shall be kept in good operating order.
c. My vessel shall not interfere with the reasonable operation of other boat owners located in
the Boat Harbor.
d. I shall be responsible for any damage created by the use of, or the rafting of my vessel to
other vessels located in the Boat Harbor.
e. I shall not litter or leave debris at the Boat Harbor associated with my use of, or the
maintenance of my vessel.
f. Any maintenance associated with my vessel that requires storing and/or blocking of the
vessel will be done in the designated area.
g. Any unloading of crab pots or other equipment associated with the operation of commercial
fishing will not be left on site for more than twenty-four (24) hours.
h. That all courtesies will apply when utilizing the established loading and unloading dock.
i. That overnight stays on boats moored in the harbor are prohibited and furthermore no
camping or overnight stays are permitted on the property.
I, the undersigned, further understand and agree to the following:
a. Any vessel that is inoperable will be located so as to not interfere with the use of operable
vessels and the owner will have thirty (30) days to get the vessel in operable condition.
b. Any vessel that sinks, is the responsibility of the owner and shall be refloated by the owner
within a seven-day (7) period.
c. Any vessels that sink two (2) times in any sixty-day (60) period must be removed from the
Boat Harbor at the owners’ expense.
d. Any pollution of the water and or property associated with the Boat Harbor created by me
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and/or my agents, representatives or invitees and/or my vessel will be cleaned up at the
expense of the owner within ten (10) days.
Any violation of these requirements shall cause the cancellation of this agreement and result in
the removal of the above named vessel from the Boat Harbor.
If such violation requires the Isle of Wight County Department of Parks and Recreation to
remove a vessel and or debris from the Boat Harbor due to the negligence of a vessel owner,
such removal will result in the County of Isle of Wight billing the responsible party applicable
fees with payment due within thirty (30) days of receiving such bill. If payment is not received
within said time period, Isle of Wight County may seize and, after providing thirty (30) days
written notice, sell the vessel at public auction. Cost incurred by auction will be paid by boat
owner.
I understand and agree to the conditions of this agreement, and will abide by the conditions of
this agreement.
__________________________________
Signature
_____________
Date
___________________________________ _____________
Witness
Date
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Section 4.7
(Original Section deleted and new Section 4.6 adopted November 18, 2010)
Park Concessionaires
a.
Intent
To allow outside organizations the opportunity to sell or vend concessions inside the parks.
b.
Process
Vendors will make application to the Department of Parks and Recreation to set up
concessions in the park.
The Director of Parks and Recreation will evaluate the applications and ensure that all local
and state laws and guidelines are adhered to.
The fees will be set based upon the type of event.
The concessions application will not apply to The Isle of Wight County Fairgrounds.
Vendor fees for the County Fair will be set by the Isle of Wight County Fair Committee.
c.
Guidelines
All events must be open to the public.
Vendor will be required to provide proof of insurance with the County of Isle of Wight
Named as additionally insured for the amount of $1,000,000 per occurrence. The amount
of insured may go up depending on the nature of the event. Additionally the sponsor must
indemnify Isle of Wight County from any claims related to the event.
Vendor is responsible for having all tent flame retardancy certificates inspected and
temporary use permits for all tents over 800 square feet from the County’s Department of
Inspections.
Vendor is required to provide proof the Department of Parks and Recreation that all food
vendors have obtained Health Department permits.
All vendors must have a permit from the Department of Parks and Recreation to sell wares
or food on park property.
Vendor’s setup and location must be approved the Director of Parks and Recreation.
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Vendor is responsible for providing a list of all items for sale and prices.
Vendor will be held responsible for any damages to the facility.
Section 4.8
Joel C. Bradshaw Fairgrounds at Heritage Park
a.
Intent
To allow outside organizations with resources to host events within the fairgrounds through a cosponsorship agreement with the Department of Parks and Recreation.
b.
Process
Organizations will make application to the Department of Parks and Recreation to host an
event at the Fairgrounds.
The Director of Parks and Recreation will evaluate the applications and ensure that the
event falls under the event guidelines.
The Co-Sponsorship agreement will state that Isle of Wight County will receive 10% of all
gate receipts over $35,000 with a guaranteed use payment of $3,500.
At the discretion of the Director of Parks and Recreation fees due to the County may be
offset by goods and services of equal value.
c.
Event Guidelines
All events must be open to the public.
Event sponsor will be required to provide proof of insurance with the County of Isle of
Wight Named as additionally insured for the amount of $1,000,000 per occurrence. The
amount of insured may go up depending on the nature of the event. Additionally the
sponsor must indemnify Isle of Wight County from any claims related to the event.
Event sponsor will be required to provide security for the event. The County requires that
all security personnel must off duty police officers or sheriff’s deputies. Sponsor must a
minimum three officers and at least one officer for every 200 people expected in
attendance.
The County will only co-sponsor events that are for entertainment, recreation, or
educational purposes.
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The County has limited resources to maintain the site. Limits on the number of events
annually will be restricted based on the resources available to maintain the site.
Event sponsor is responsible for having EMS staff on site for first aid and possibly Fire
staff based on the nature of the event.
Sponsor is responsible for having all tent flame retardancy certificates inspected and
temporary use permits for all tents over 800 square feet from the County’s Department of
Inspections.
Sponsor is responsible for obtaining kiddie ride permits for any amusement rides deemed
necessary by the County’s Department of Inspections.
Sponsor is required to provide proof the Department of Parks and Recreation that all food
vendors have obtained Health Department permits.
All vendors must have a permit from the Department of Parks and Recreation to sell wares
or food on park property.
If alcohol will be sold or distributed on the property, the sponsor is responsible for
obtaining a permit from the Virginia Department of ABC and Isle of Wight Department of
Parks and Recreation.
Event layout must be approved the Director of Parks and Recreation.
Sponsor is responsible for providing a list of all other sponsors involved in the event, all
vendors, the names of all security personnel, and all event staff and volunteers.
Sponsor will be held responsible for any damages to the facility.
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ARTICLE V
County Signage Guidelines
Section 5.0
Purpose
While categories of outdoor County signage may vary, the purpose of these guidelines is to provide
consistent standards to create a sense of continuity for County signage (in accordance with the
County Sign Ordinance and VDOT regulations), to include:
o “Welcome” signs at the County’s major gateways
o Signs for community identification
o Directional signage at the Courthouse Complex
o Identification of County facilities
Section 5.1
Colors
Cream (cream background will reduce maintenance), colonial blue, burgundy, and black (lettering
only). Brick is also appropriate.
Section 5.2
Design Elements
Both pole mounted and monument style signs are appropriate. Brick accents should be considered
as well as planter boxes and ground level lighting. All designs should reflect a traditional style.
Consideration will be given to accommodate design standards in the Towns of Smithfield and
Windsor.
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Section 5.3
Seal and Logo
The adopted County Seal should be utilized on all county signage as visually appropriate. The
County’s Logo, “Isle of Wight County in Virginia” should be used whenever possible.
Section 5.4
Materials
Pole signs should be sandblasted (raised lettering), using wood or a similar sturdy material. Brick
with brushed aluminum raised cutout lettering is also appropriate.
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ARTICLE VI
Energy Conservation Policy
We believe it to be our responsibility to insure that every effort is made to conserve energy and
natural resources while exercising sound financial management.
The implementation of this policy is the joint responsibility of the Board of Supervisors,
Administration, and Employees. Its success is based on cooperation at all levels.
Each Director will be accountable for energy management in their respective area/building. The
use of the various energy systems of each area/building will be the joint responsibility of the
Director and the Buildings Operations Manager to ensure that an energy efficient posture is
maintained on a daily basis. Energy audits will be conducted and conservation program outlines
will be updated.
The following shall be used as guidelines for implementation of this energy policy:
1. Every employee will be expected to contribute to energy efficiency in our facilities. Every
person will be an “energy saver” and well as an “energy consumer.”
2. All unnecessary lighting in unoccupied areas will be turned off. All lights will be turned off
when employees leave the building. Employees will turn on lights only in the areas which they
are working.
3. Exterior lighting will be used during scheduled activities otherwise exterior lighting will be
minimized and used only for security purposes.
4. Each Director shall designate a position that will be responsible for the complete and total
shutdown of his/her area/building each evening.
5. Space/personal heaters shall not be permitted in any area unless issued by the Department of
General Services.
6. All windows and doors shall be kept closed when in heating or cooling seasons.
7. Filter replacement will be scheduled quarterly or monthly depending on the type and use of
each system.
8. Desk lamps and other small personal lighting devices shall only use compact fluorescent light
bulbs.
9. All electrical equipment not directly tied to each departments service to the public or located
in a break room (i.e. refrigerators, microwaves, heaters and coffee pots) must be removed from
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County buildings.
10. All computers must be set in hibernation mode; and non-essential computers must be turned
off when not in use or prior to close of business.
11. Programmable energy management devices and building automation systems will be used to
maintain and effectively control all HVAC and some exterior and interior lighting functions.
ENERGY CONSERVATION POLICY GUIDELINES
HEATING Season
AVERAGE ROOM
TEMPERATURE*
Offices
72
Entryways, Corridors & Stairways
68
Storage & Unoccupied Areas
60
Break Areas
70
Unoccupied Times
COOLING SEASON
60/65 deg Bldg. Dependent
AVERAGE ROOM
TEMPERATURE*
Entryways, Corridors & Stairways
74
Unoccupied Areas
76
Break Areas
72
Offices
72
Unoccupied Times
78
*All temperature set points operate on a 2 degree deadband, this keeps the system from constantly
switching modes and allows the system to be satisfied within 2 degrees up or down of the
temperature setpoint.
387
CHAPTER 6:
INFORMATION TECHNOLOGY ISLE OF WIGHT COUNTY POLICY MANUAL
Chapter 6: Information Technology
ARTICLE I
Computer and Telephone Network Acceptable Use Policy
(Adopted April 15, 1999, Revised May 24, 2007, Revised August 21, 2014)
Section 1.0
General Use
Isle of Wight County, represented by its County Board of Supervisors, is the sole owner of
its governmental information and computer systems, including but not limited to computer
equipment, operating systems, software, storage media, network accounts, electronic mail,
web browsing, telephone systems, and wireless communication devices. These systems
are to be used for business purposes in serving the interests of Isle of Wight County, and
of our citizens in the course of normal operations. The County reserves the right to monitor
these systems for any reason. The Director of Human Resources will be permitted to use
or view any information contained in the Isle of Wight County’s computer systems, micro
or mainframe, telephone system, or wireless communication devices with authorization
from the County Administrator for the sole purpose of conducting an administrative
investigation.
Effective security is a team effort involving the participation and support of every
employee and affiliate who deals with information and information systems. It is the
responsibility of every system user to know these guidelines, and to conduct their activities
accordingly.
In accordance with Section 15.2-1505.2 of the Code of Virginia, Chapter 6 of the County
Policy Manual shall apply to all public officers and employees, which includes elected or
appointed individuals of the County. Use of County owned computer, telephone, wireless
communication, and other information technology related devices and peripheral
equipment shall not be used for personal use to the extent that such use interferes with
productivity or work performance and shall not be used to engage in political activities.
For purposes of this Chapter, “political activities” shall have the same meaning as provided
in Section 15.2-1512.2(c) of the Code of Virginia, as it may be amended from time to time.
Section 1.1
Security
a.
Keep passwords secure and do not share accounts. Authorized users are responsible
for the security of their passwords and accounts. Individuals should not reveal their
passwords to another person. If an employee is unavailable and the supervisor needs
to retrieve information from the computer, the IT Department should be notified in
order to grant temporary access.
388
b.
Computers should be secured by locking the desktop when unattended.
Computers should be logged off at the end of the work day, and shut down on the
weekends.
c.
Employees must use extreme caution when opening e-mail attachments from
unknown senders, which may contain viruses.
Section 1.2
Unacceptable Use
a.
Under no circumstances is an employee authorized to engage in any activity that is
illegal under local, state, federal or international law while utilizing County-owned
resources.
b.
Users are prohibited from using a County computing asset to actively engage in
procuring or transmitting material that is in violation of the County’s NonDiscrimination and Anti-Harassment Policy. Restrictions against inappropriate
language apply to public messages, private messages, and material posted on
Internet Web pages. Individuals shall not use language or access material that is
obscene, profane, lewd, inflammatory, threatening, or disrespectful.
c.
Individuals shall not attempt to gain unauthorized access to any computer system
or go beyond personal authorized access. This includes logging into the system
through another person’s account or accessing another person’s files.
d.
Individuals shall not introduce malicious programs into the network or servers (e.g.,
viruses, worms, Trojan horses, email bombs, etc.). Individuals shall not make
deliberate attempts to disrupt the computer system or interfere with network traffic.
Section 1.3
Software
a.
The installation of any copyrighted software for which the county or the end user
does not have an active license is strictly prohibited. Employees may not duplicate
any licensed software or related documentation unless expressly authorized to do
so by agreement with the licensor. Employees may not give software to any
outsiders, including clients, contractors, customers, or others.
b.
The installation of personal or private software and all software downloaded from
the internet is permitted only with approval from the Information Technology
Department.
c.
The use of software for personal use is allowed only during an individual’s
designated break times determined by the appropriate department head.
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Section 1.4
E-mail
a.
The Virginia Freedom of Information Act identifies email as public record, which
must be retained in compliance with the Virginia Public Records Act. The county
maintains an email retention database to retain all email for a period of five (5)
years.
b.
Using county computer systems to send unsolicited email messages, including the
sending of “junk mail” or other advertising material to individuals who did not
request such material is prohibited.
c.
Employees may not transmit messages or other communications by means that
either mask or hide their identity or indicate that they are sent by someone else.
Section 1.5
Violations
Violation of the above policies may result in all loss of system access as well as other
disciplinary and/or legal action by the County of Isle of Wight.
Section 1.6
Wireless Communication Devices
Objective/Purpose
The purpose of this policy is to provide guidance to employees on the business use and acquisition
of wireless communication devices.
The Agency or Department Head should ensure that wireless communication devices are provided
only to those employees with a demonstrated need for this type of communication. Criteria to be
considered for the assignment of devices to employees may include the following:

The employee must be in a position where the majority of his or her time is spent out of
the office during the normal work day;

Use of a wireless communication device must be essential for the conduct of the
employee’s work;

The employee is subject to being contacted for urgent or emergency purposes.
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A request to obtain a wireless communication device shall be submitted in writing on the Request
for Wireless Communication Device form to the County Administrator or his/her designee. The
request must indicate why a specific wireless communication device is required. In order to
maintain inventory, the request must state to whom the equipment will be assigned, their respective
title, and the account code to be charged.
Usage
Employees are expected to exercise good judgment while using wireless communication devices.
County wireless communication devices are provided in order to conduct official County business.
In addition to County business, wireless communication devices may be used for emergency
personal business.
The manager shall be responsible for a review of actual usage of wireless communication device
time when an employee routinely exceeds the plans minutes allotted to them. Excessive personal
use of the assigned equipment may result in the employee’s loss of the device or other appropriate
disciplinary action.
Employees are also prohibited from using wireless communication devices while operating
vehicles unless the device is equipped with “hands-free” capability.
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ARTICLE II
Distribution of Data Developed as Part of Isle of Wight County’s
Geographic Information System
(Adopted March 5, 1998 Revised August 21, 2006)
Section 2.0
Purpose
The purpose of this policy statement is to provide direction to County staff regarding the
reproduction and distribution of data contained in the County’s Georgraphic Information System
(GIS) in accordance with the Virginia Freedom of Information Act. This policy is intended to
protect the integrity of the County’s GIS while providing for reasonable public access to this data.
It is the further intent of this policy to establish a standard for providing this data that will not
unduly disrupt the daily workings of the Department of Planning and Zoning.
Section 2.1
Public Inspection Standards
With the foregoing in mind, GIS data, which is open to public inspection under the Virginia
Freedom of Information Act, will be provided in accordance with the following standards:
a.
GIS data requested will be provided within a period of five (5) work days unless it is
determined that it is practically impossible in which event the requestor shall be so
informed and the County will have an additional seven (7) work days in which to provide
the records or to petition the appropriate Court for additional time when the request is an
extraordinary volume of records. However, before proceeding with a petition to Court, the
County staff shall make reasonable efforts to reach an agreement with the requestor
concerning the production of the records requested.
b.
All data is stored as ARCINFO coverages in State Plane Projection Zone 5576, therefore,
all data distributed by the Department of Planning and Zoning will be distributed in this
form unless the GIS Coordinator determines that other forms of data can be provided
without unreasonable disruption of the daily workings of the Department of Planning and
Zoning.
c.
In cases where the GIS Coordinator determines that existing data can be provided in a form
different from the aforementioned or that new data can be created to meet a request, the
requester will be charged a per hour rate for the time necessary to alter or create the data.
This rate is set forth in “Fee Schedule for Geographic Data” as approved by the Isle of
Wight County Board of Supervisors.
d.
GIS data will be distributed in a medium that is mutually agreeable to the requestor and the
GIS Coordinator.
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e.
GIS data is stored in layers by address grid, tax map page, or as a countywide coverage.
Data will be distributed by layer for a specific address grid or map page or as a countywide
coverage depending upon the form in which it is stored. For example, if a requestor wishes
to obtain the right-of-ways and water features for address grid #20 he must purchase these
two (2) layers for this grid. If he also wants the same layers for address grid #21 there will
be an additional charge for these (2) layers. To determine how specific data layers are
stored, refer to “Geographic Information System Data Layers.” For the cost of the data per
layer or countywide coverage, refer to “Fee Schedule for Geographic Data.”
f.
Data developed as part of the County’s GIS will be distributed to other County departments
and agencies at no charge.
g.
As new data layers are produced by the Department of Planning and Zoning they will be
added to “Geographic Information System Data Layers” and made available for
distribution.
Section 2.2
Fee Schedule
The following fee schedule was adopted by the Isle of Wight County Board of Supervisors on
August 21, 2006.
Cost of GIS data:
Standard Services:
Digital Data
Tax Map Book
Tax Map Book – CD
8 ½ x 11 map
11 x 17 map
$15 per data layer in shapefile format
$45
$15
$2
$5
Custom Services:
All customized digital and hardcopy mapping products, as well as specialty queries using the GIS
will be billed at an annually established hourly rate for GIS services. Services will be billed in
half (½) hour increments with a one (1) hour minimum charge.
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ARTICLE III
Information Technology Equipment Lifecycle Policy
Section 3.0
Executive Summary
The Information Technology Department is charged with making optimal use of all computing
equipment in the County. Because local governments are charged with the task of responsibly
using taxpayer money, technology equipment cannot be replaced at a rate that may be appropriate
for the private sector. But even governments must be sensitive to the fact that using old and
obsolete equipment is actually an irresponsible use of taxpayer money. The inefficient use of staff
resources caused by equipment that no longer suits the function costs more than replacing the
equipment. In general, private industry will replace equipment at the warranty termination, usually
three years. The policy included herein extends the lifecycle to five years for most equipment. This
seems to be a justifiable balance that uses the equipment to the absolute end of its physical useful
life while protecting the enterprise from the lost staff time due to equipment downtime and staff
inefficiencies using obsolete equipment.
Section 3.1
Policy Specifics
New computing hardware is specified based on an anticipated average lifecycle of four to five
years. To exploit the full useful life of computing equipment, hardware must be re-purposed. That
is to say new computing equipment must be installed in positions that can make full use of the
units capabilities and power. As the unit ages, it will be moved to a position where the equipment
requirements are less intensive and replaced with a newer unit. The following policies shall be
used to determine the proper placement of the new equipment:
Desktop system evaluation is warranted in 3 cases.
a.
The system no longer functions due to hardware failure.
1. Systems that can be repaired economically and meet the needs of a user will be returned
to service
2. Systems that cannot be repaired will be used for parts or surplused.
b.
The system no longer fulfills the needs of the user.
1. The system will be evaluated for use in another position and re-purposed if appropriate.
2. The system will be replaced with a system appropriate for the needs of the user.
c.
The system no longer cannot support an operating system or software upgrade.
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1. Such systems will be evaluated for use in less demanding applications and only retired
when they are no longer useful.
2. Retired systems shall be used for parts to support existing systems, if possible.
Section 3.2
New Hardware Specification
a.
The IT Department shall specify the needed configuration of all computing hardware. New
computers shall be specified as follows:
1. Processor – Latest version at the most cost effective speed
2.
Memory – Shall be at least the amount recommended for the operating system
installed.
3.
Hard disk size – Most cost effective size. Must be sufficient for unusual tasks.
4. Monitor – 17” standard. Larger for graphic work.
5.
b.
Other components as specified by the IT Department.
New hardware shall be unboxed, setup, and installed by IT Department personnel.
Section 3.3
New Hardware Placement
When new computer equipment is purchased, the Information Technology Department will
consult the Department Head to determine where the equipment should be installed. New
equipment shall always be installed at the Departmental positions where the computing needs are
most intense and the hardware is the oldest. As a guideline, the IT Department will use the table
below when installing new units.
Usage
Most Intensive Normal Use
5
Enterprise servers.
4
Graphic/CAD design work, GIS data manipulation,
and Departmental servers.
3
GIS analysis, Graphic/CAD manipulation, and
Database/Spreadsheet creation.
2
GIS viewing, Database/Spreadsheet average use.
1
Database/Spreadsheet light use, Word processing,
Website research.
Useful Life
4 years
3 years
3 years
4 years
5 years (Not normally repurposed)
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a.
Replacement of units shall be based on the following formula:
1. Replacement Score = Usage + (Months past Useful Life / 6).
2. Units with the highest Replacement Score will be replaced first.
b.
New units shall not replace equipment that has been in place less than one year.
c.
Units that cannot be re-purposed within the Department may be transferred to other
Departments for their remaining life.
Section 3.4
Conclusion
The vast majority of the staff positions at Isle of Wight County function at about Level 3 or Level
4 use. Generally the IT Department specifies hardware that will last approximately three years at
a Level 3 use and 5 years at a Level 1-2 use. This policy provides replacement guidance for
Information Technology equipment while ensuring the responsible use of taxpayer dollars.
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ARTICLE IV
Public, Education and Government (PEG) Channel Access Policy
(Adopted June 3, 2004)
Section 4.0
Policy Statement
County government programming shall be the sole responsibility of the County of Isle of Wight
staff at the direction of the County Board of Supervisors. The County Board of Supervisors shall
set the policies for government access use.
Programming shall provide County residents with direct, non-editorial information concerning
government deliberations, services, programs and activities, and also to provide educational and
public information materials sponsored by the County of Isle of Wight.
Section 4.1
Objectives
-
To provide comprehensive information about programs and services offered to Isle of Wight
residents by County departments.
-
To provide information pertinent to Isle of Wight residents from other local, state, and federal
governmental entities.
-
To widen the dissemination of information on the activities of the legislative and advisory
bodies of the County of Isle of Wight.
-
To expand community awareness of local government and its decision-making processes.
-
To provide educational and public informational materials to County residents through
cablecast presentations.
-
To provide technical assistance to County departments in the exercise of their functions and to
assist in the training of County employees.
-
To improve emergency communications in the event of disaster or widespread service
disruption.
Section 4.2
Channel Designation
The Government Access Channel shall operate on cable channel 8 of the Charter Communications
Inc. system in Isle of Wight County.
Section 4.3
Types of Programs
As the technical capabilities of the channel increase, the following types of programs are
authorized:
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a.
Live cablecast – Live coverage of selected meetings and events will be provided. This will
consist of County Board of Supervisors and advisory board meetings, live call-in shows
and other special programmed events.
b.
Taped-delayed cablecast – Taped meetings, shows and events videotaped in advance for
cablecast at a later time. Note: Some events will be cable cast live and will also be taped
for later playback.
c.
Staff-originated programming – Programs produced by the County Administrator’s Office
to include programs for County departments, issues related to County government or about
groups/committees/boards, etc., that are affiliated with County government or which use
public dollars. These programs could be either live or taped-delayed cablecasts.
d.
Outside-originated programming - Material that is related to municipal, county, state, or
federal government that is produced by an outside source that can be purchased, rented or
borrowed for cablecast. Also, programs disseminated through satellite down-link that are
related to local, state, or federal issues may be cablecast.
e.
Bulletin-board information – Character generated messages related to County activities,
programs, services and events sponsored in whole or in part by the County of Isle of Wight
or other governmental unit affecting Isle of Wight citizens. This service will operate 24
hours a day when other programming is not scheduled.
Section 4.4
Access Policy
All programming cablecast over channel 8 must be government-related or authorized by the Board
of Supervisors. Programs may include meetings, activities, programs, services and events of
County departments and services, or other government entities.
Final approval of all cablecast requests will be made by the County Administrator (or his/her
designee) who administers the video program for the County of Isle of Wight.
A weekly program log will be kept to record all programming, other than character generated
messages, cablecast during that week.
The Government Access Channel is not to be utilized for programs, advertisements, promotions,
etc. from the general public. Access to the channel shall be limited to County, government, or
government sponsored functions and operations. Utilization of the channel for personal gain will
not be permitted.
Section 4.5
Access Priorities
Following is a list of general priorities that will apply to the Government Access Channel. The
priorities may be altered on a case-by-case basis by the County Administrator’s Office.
a.
Programming of an emergency nature involving public safety or health matters.
b.
Programming of or about meetings of policy-making bodies such as the County Board of
Supervisors, etc.
c.
Programming of various departments and their services.
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d.
Programming of county, state, federal government and/or County boards, commissions and
authorities and/or agencies that use public dollars.
e.
Programming produced by outside sources that are relevant to local government.
Section 4.6
Management
Management and programming of cable channel 8 is provided by the County of Isle of Wight and
administered by the County Administrator or his/her designee. Decisions regarding programs or
schedules may be appealed to the County Administrator.
Section 4.7
Political Programming
No political programming will be permitted on the Government Access Channel with the exception
of providing factual information on any ballot issue directly affecting Isle of Wight voters.
Direct access to the Government Access Channel for political programming by individual
candidates, or supporters of any candidate or issue, except as provided in the preceding paragraphs,
will not be provided.
Political programming related to candidate forums or public forums on ballot issues may be
cablecast with a majority vote of the County Board of Supervisors and only as follows:
a.
The forum must address ballot issue directly affecting Isle of Wight voters; and,
b.
All candidates for a particular office or sides of a particular issue must have an equal
opportunity to participate in the forum; and,
c.
The forum must be conducted in a dignified, respectful, and business-like manner; and,
d.
No forum sponsor or its agents or affiliates—including but not limited to political action
committees—may publicly endorse or have a stated position on any candidate or slate of
candidates during the election season, which for purposes of this Section is deemed to run
from the opening of candidate filing for an election to the closing of the polls on election
day. This section does not prohibit issue advocacy groups from being considered as forum
sponsors.
The County reserves the right to reject, suspend, discontinue, or change the playback schedule of
any political program at any time without notice to the program’s sponsor.
Section 4.8
Editing Policy
a.
County meetings – Any County meeting cablecast shall not be edited nor subjected to
editorial comment. Meetings coverage shall be from gavel to gavel. Meetings may be
videotaped in their entirety for later re-cablecast.
b.
Department Programs – Any program videotaped by the County of Isle of Wight or on
County of Isle of Wight equipment may be modified or edited as appropriate except as
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discussed in Section A above. Editing will be based upon an approved script dictated by
scheduling and staffing requirements.
c.
Bulletin Board – Messages programmed into the bulletin board portion of channel 8 may
be submitted by appropriate user departments, agencies, etc. Editing by the County
Administrator’s staff to provide clarity and maximum utilization of pages available may
be required.
d.
The County of Isle of Wight shall not be held responsible for the accuracy of any
information cablecast over the channel that was submitted by outside sources.
Section 4.9
Endorsement
At no time will cable channel 8 be utilized to endorse, market, or advertise an issue, candidate,
specific person, company or brand name of a product for consumer use.
Section 4.10
Promotions
Promotional announcements for County-sponsored events, programs, and activities will be
permitted over channel 8.
Section 4.11
Use of County Owned Equipment
County-owned video equipment shall be restricted to authorized County activities, and its use shall
be restricted to employees of the County of Isle of Wight or trained personnel under the direction
of the County Administrator’s Office. Loaning of equipment for personal or outside use shall not
be permitted.
Utilization of County-owned media production facilities shall be limited to County of Isle of Wight
personnel or others trained and under direction of the County Administrator’s Office qualified
personnel.
Section 4.12
Retention and Ownership of Tapes
All videotapes shall be the property of the County of Isle of Wight.
One VHS copy of all staff produced programs, meetings and events will be kept by the County for
two years.
It shall be a general policy not to retain original videotapes of staff produced programs, meetings
and events. At any time, tape originals may be reused and the original material erased, at the
discretion of the County Administrator’s Office.
Videotapes shall not be considered an official record of any meeting and there shall be no
liability for inadvertent erasure or omissions.
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CHAPTER 7:
MISCELLANEOUS – EMPLOYEE RELATED
Chapter 7: Miscellaneous - Employee Related
ARTICLE I
Travel
(Adopted February 4, 1999; Revised December 19, 2002; Revised August 7, 2003;
Revised October 6, 2005; Revised July 6, 2006; Revised February 13, 2007;
Revised April 2, 2009; October 15, 2015)
Section 1.0
Intent/Purpose
The travel policy applies to all authorized travel while on County business within the geographical
area of the County, as well as outside the jurisdictional area. It is the intent of this policy to assure
fair and equitable treatment of all individuals traveling on County business at County expense. It
is the purpose of these regulations to provide a reasonable and systematic means by which the cost
of travel may be estimated for budget preparation and controlled for purposes of economy.
Section 1.1
Applicability
County employees, official appointees of the Board of Supervisors, and all others who are required
to adhere to the County's policies shall be governed by these regulations. The Board of Supervisors
and Constitutional Offices will use these regulations as a guide relative to their own discretionary
travel arrangements, unless there are other such policies in place which address travel while on
County business.
Section 1.2
Official County Travel
Travel on County business includes trips within or outside the County to conferences, conventions,
workshops, seminars, educational and training courses, and other County related business
meetings or purposes.
Section 1.3
Prior Authorization for Certain Travel
County department heads who travel multiple days, or at least two (2) hours, or one hundred (100)
miles from the County Courthouse Complex must receive prior authorization, except in emergency
situations, expressly approved by the County Administrator or his designee. Department heads are
authorized to approve employee travel and projected expenses and should notify the County
Administrator when an employee's travel is multiple days, or at least two (2) hours, or one hundred
(100) miles from the County Courthouse Complex. Appropriate documentation for all such travel
401
may include conference/meeting agenda, registration information, or other information acceptable
to the County Administrator and/or department head authorizing such travel.
Section 1.4
Reimbursement
Claims for reimbursement of travel expenses must be presented to the Department of Budget and
Finance on the standard voucher adopted by the County and signed by the traveler and the person
authorized to approve such expenditures. All such travel vouchers must be presented to the
Department of Budget and Finance within sixty (60) days from the traveler’s return date. Any
expenses submitted past the sixty (60) day requirement will not be reimbursed.
Section 1.5
Excessive Expenses
Any individual expense considered excessive may be disallowed. The County Administrator shall
have discretion over any such expenses in dispute.
Section 1.6
(Revised October 15, 2015) Direct Vendor Payment / Employee Cash Advance
When possible, alternate arrangements to avoid the advance of taxpayer funds should be
implemented. Employees should coordinate with the Department of Budget and Finance to arrange
for payment of travel expenses directly to the vendor for items such as conference registration and
hotel lodging. A cash advance for greater than $100 may be provided to an employee who will
incur justifiable overnight travel expenses while conducting authorized County business.
Employees who have Pcards assigned will not obtain cash advances without specific approval of
the County Administrator. Requests for more than $500 must be authorized by the County
Administrator. The County Administrator shall have discretion over any expenses in dispute.
All requests for cash advances must include appropriate documentation, be approved by the
Department Head and submitted to the Budget and Finance Department for provision in the
accounts payable process just prior to the planned event. Within fifteen (15) days of travel return,
the travel voucher with any applicable supporting documentation of expenses must be submitted
to the Budget and Finance Department, to include repayment (via a check or cash) of any unused
funds due the County. Failure to follow these policies may jeopardize approval of subsequent cash
advances.
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Section 1.7
Transportation
Transportation should be via the least expensive and most efficient method available and is
reimbursable subject to the following guidelines:
Section 1.8
(Revised October 15, 2015) Transportation - County Vehicles
a.
County vehicles are to be used whenever possible for ground transportation to and from a
given destination, subject to the safe and economical condition of the vehicle or vehicles
assigned and subject to availability.
b.
Reimbursements for gasoline, parking, tolls and justifiable repairs to the County vehicle
will be provided if documented with receipts.
c.
If no fleet card is available, Pcards may be used but must be fully documented with receipts.
Section 1.9
(Revised 2/13/07; Revised October 15, 2015) Transportation - Private Vehicles
a.
A private vehicle may be utilized only when other means of transportation
are not available or the use of a private vehicle better serves the County’s
purposes.
b.
For use of a private vehicle, the traveler will be reimbursed at the mileage
rate consistent with the rate established by the Internal Revenue Service,
plus parking and toll fees if documented with receipts.
c.
An odometer reading from the beginning to the end of the designated trip
must be shown on the travel voucher for reimbursement of mileage for
private vehicle use.
d.
Allowable Mileage shall be mileage incurred in any one day in excess of
the normal round-trip commute for that day between the employee’s
primary residence and assigned workplace.
e.
Pcards shall not be used to buy gasoline for a private vehicle.
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Section 1.10
(Revised October 15, 2015) Transportation - Commercial Aircraft
a.
Air travel may be used when such has been determined to be the most economical and
feasible means of travel and should not exceed the regular tourist (coach) fare.
b.
If the cost of air travel is paid by the traveler, a copy of the paid ticket must be submitted
to the Department of Budget and Finance, or tickets may be paid for by Pcard.
c.
Whenever possible, the travel agency or airline should bill the County, or fees may be paid
by Pcard. The name of the traveler and the business purpose must be stated on the vendor’s
invoice for payment.
Section 1.11
(Revised October 15, 2015) Transportation - Rental Vehicles
a.
Automobiles should be rented only when necessary for the purpose of County business
and/or when considered economical. The most economical class of automobile, which will
physically accommodate the passenger(s) and/or the intended purpose, should be rented.
Rental cars should be shared by County personnel whenever possible.
b.
Expenses related to the business use of the rented automobile such as parking, fuel, tolls,
etc. will be reimbursed if documented with receipts, or may be paid by Pcard with
documentation.
Traffic and parking fines are considered a personal expense.
c.
d.
Pcards may be used to pay allowable expenses, but receipts shall be attached to the
transaction when reconciled.
Section 1.12
(Revised October 15, 2015) Lodging
a.
Expenditures for lodging must be reasonable. The County will pay the prevailing single
room rate per traveler at the place of lodging. Governmental rates should be requested
where available, unless a more economical rate can be obtained.
b.
The need for lodging shall be substantiated in the travel authorization request and will be
based on the distance of travel and the nature of the business which requires the travel. In
most cases, the travel should be multiple days, and at least two (2) hours, or one hundred
(100) miles from the County Courthouse Complex. Where lodging is requested and the
travel does not meet the requirements stated above, the justification for lodging must be
submitted to and authorized by the County Administrator in advance.
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c.
Pcards may be used to pay for lodging. Receipts shall be attached to the transaction when
reconciled.
Section 1.13
(Revised 2/13/07; Revised October 15, 2015) Meals - Reimbursement
a.
Reimbursement for the maximum of three (3) meals per day while on authorized County
business, including tips, is limited to the GSA rates contained on table for travel location
at: http://www.gsa.gov/portal/content/104877.
b.
If travel includes less than three (3) meals per day, the allowable per diem amount,
including
tip(s),
is
broken
down
on
the
GSA
table
at:
http://www.gsa.gov/portal/category/100120 & http://www.gsa.gov/portal/content/101518
e.
Meals in excess of per diem amounts will be reimbursed only in exceptional situations and
depending on cost variations in other metropolitan areas. In these cases, receipts must be
submitted for all meals that exceed the per diem amount and include documentation
explaining why the per diem amount was not sufficient. All exceptions must be approved
by the department head and/or County Administrator.
f.
Note: Use of a Pcard to pay any of the meal expenses is allowed; however, only the
amounts allowed under this policy shall be paid by this method. Any over expenditures
shall be reimbursed by the employee to the County when accounts are reconciled. Only
actual expenses for the traveler may be put on the Pcard and fully detailed receipts must be
attached to the transaction when reconciled.
e
If registration fees for a conference/meeting include a banquet or other meals, the per diem
amount related to those meals provided in such registration fee shall be deducted from the
allowable per diem.
f.
Reimbursement for certain group-related business meals is permitted. The meal must be
conducted in a setting considered appropriate for business, be business related, and of
reasonable cost. The actual expenses must be supported by receipts retained and submitted
with the travel payment voucher. Additionally, the date, amount, place and nature of the
business conducted should be documented on the travel voucher.
Section 1.14
(Revised October 15, 2015) Incidental Expenses
The following incidental traveling expenses will be reimbursed while on official County business:
a.
Bridge and road tolls and ferry fares
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b.
Taxi, airport limousine or bus fares. Reasonable effort shall be made to
obtain the most economical transportation to and from airports.
c.
Parking fees
d.
Conference or seminar registration fees
e.
Fees for professionally oriented field trips sponsored by a conference or
seminar
f.
Telephone, telegraph and/or fax charges when related to the business of
the County or when directly of assistance to the traveler in aid of
arrangements of the travel. If overnight stay is required, a five (5) minute
telephone call per day to the traveler’s home is included as an eligible
expense. Employees with County issued calling cards should utilize such
cards when possible. g.
All other incidental charges for reimbursement must be authorized by the
County Administrator. Whenever possible, the Pcard may be used to pay
for allowable incidentals. Full documentation is required in the Pcard
system, including receipts.
Section 1.15
(adopted 2/13/07)
Disallowed Expenses
Disallowed expenses include:









Lost or stolen articles
Alcoholic beverages
Damage to personal vehicles, clothing or other items
Services to gain entry to a locked vehicle
Movies charged to hotel bills
All expenses related to the personal negligence of the traveler, such as fines
Entertainment expenses
Towing charges, and
Expenses of spouse, children or companions
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ARTICLE II
Emergency Conditions and Unexpected Closings
Section 2.0
Purpose
This policy sets forth procedures to provide services and to protect employee safety during
emergency conditions such as severe weather or during unexpected closings of one or more
County facilities due to such causes as physical plant problems. Isle of Wight County is
committed to public service and employee safety. Many County services become even more
important to our citizens during emergencies such as severe weather or natural disaster. At the
same time, for safety purposes, we do not wish employees to perform nonessential functions
which may be a safety risk during severe weather. Similarly, loss of power or other physical
plant problems may cause conditions which make it unsafe for citizens and employees to remain
in one or more County facilities.
Section 2.1
Policy
As a general rule, all County departments will remain open and operational during emergency
conditions. Liberal leave may be approved for employees who are unable to report to work or
who wish to leave work early or come to work late because of safety considerations.
There may be times, however, when conditions are so severe that County facilities are closed. All
employees may be required to report to serve our customers during emergency conditions. While
some will perform their regular duties, others may be assigned to report at a different time and
location and to perform different duties from their regular jobs. Those employees who are not
required to work will not be charged leave for the time the County offices are closed.
Definitions
Emergency Conditions – Emergency conditions shall include, but not be limited to,
conditions such as severe weather, or extensive power outages. Such conditions may
require a declaration of a local state of emergency by the County Administrator or Board
of Supervisors.
Liberal Leave – Supervisors are encouraged to approve leave requests made by employees
who feel it would be unsafe to report to or to stay at work because of severe weather or
other emergency condition provided minimal staffing is maintained. Supervisors may
grant the use of accrued annual leave or compensatory leave by employees to cover any
absence designated as liberal leave.
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Severe Weather – Severe weather conditions shall include, but not be limited to, natural
weather conditions such as snow storms, hurricanes, tornadoes, floods, and/or anticipated
occurrence of such conditions.
Unexpected Closings – The closing of one or more County facilities during regularlyscheduled operating hours to include delayed openings and early closings.
Section 2.2
Operations When County Facilities Are Open During Emergency Conditions
All employees are expected to report to work as usual. However, employees may be asked to
report at a different time and to perform emergency-related duties at a different site for all or a
portion of their work hours.
Supervisors may grant the use of accrued annual leave, compensatory leave or leave without pay
more liberally than usual to employees who feel that reporting to work for the entire day or for a
portion of the day, or remaining at work until the end of the day, would compromise their safety.
Where appropriate, minimal staffing may be maintained.
Supervisors shall ensure that employees perform their work under safe conditions. Particular
care should be directed to whether travel by employees is necessary during severe weather. In
any case, employees who feel their personal safety is endangered should identify their concerns
to their supervisor or department manager who shall address those concerns, including
consideration of whether deferring the activity is appropriate.
If employees have been exposed to severe weather or other emergency conditions for extended
periods of time, supervisors should ensure sufficient rest breaks and use judgment regarding
return to regular duties.
Section 2.3
Operations When County Facilities Are Closed During Emergency Or
Unexpected Conditions
Employees Required to Work When County Facilities Are Closed
Twenty-four hour employees, including Fire, Emergency Medical Services, Sheriff’s Office, and
Emergency Dispatch, report to work regardless of facility closings and emergency conditions.
There is an increased need for their services during emergencies and thus are exempt from this
policy. Some employees who work in General Services and Parks and Recreation also report to
work on a regular schedule or as instructed by their supervisor, unless their supervisor instructs
them not to report. Employees who are assigned to emergency response teams shall report as
instructed or scheduled if triggering events occur such as the opening of shelters. Please
408
reference the Emergency Response and Sheltering Policy, Chapter 7, Article III of the County
Policy Manual. No other employees are expected to report to work unless they are instructed to
do so by their supervisor.
Employees Who Do Not Report to Work When County Facilities Are Closed
When an employee has been notified to report to work during an emergency situation, reporting
is mandatory unless the absence has prior approval by his/her supervisor or department director.
Those employees refusing to report to work will be subject to disciplinary action up to and
including termination. Please reference the Emergency Response and Sheltering Policy,
Chapter 7, Article III of the County Policy Manual for a listing of exemptions from any or all
emergency response duty.
Section 2.4
Compensation When County Facilities Are Closed During Emergency or
Unexpected Conditions
Employees in temporary and on call positions will be paid only for hours actually worked.
Employees in regular part-time (those regularly scheduled for 20-29 hours per week) and fulltime positions who are not required to report to work will not be charged leave for the time the
County facility or facilities are closed, and will be paid for the number of hours they were
scheduled to work.
Employees who are on approved sick, annual leave or compensatory leave will not be charged
leave for the time the facility they would have reported to is unexpectedly closed.
Non-exempt employees who are required to work when a County facility or facilities are
unexpectedly closed will receive time and one half rate for the day/time of the closure. Time and
one half rate will apply for those hours regardless of other leave/holiday hours taken or hours
scheduled during the week.
Exempt employees who are required to work when a County facility or facilities are
unexpectedly closed will receive compensatory time off equal to the hours worked to be taken at
another time. Any compensatory time earned by an exempt employee required to work when a
County facility or facilities are unexpectedly closed shall be used within 90 days and should be
utilized prior to any other types of paid leave. If not utilized within 90 days, the compensatory
leave is not available for utilization or payment.
Section 2.5
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Decisions Regarding Closings
The County Administrator or his/her designee shall decide what the County position on closing or
delayed opening shall be after conferring with the applicable staff. The County Administrator or
his/her designee, in consultation with the affected Department Director, shall decide whether to
close or delay opening an individual County facility in cases where conditions such as loss of
power affect one or a limited number of sites.
Section 2.6
Notifications Of Closings
All Day Closings/Delayed Openings
If it is determined that, due to severe weather conditions, offices should be closed or operating
hours should be adjusted, the media listed below will be notified so that public announcements
may be made. In addition, a message shall be recorded on the voice mail line and notification
will be sent via the IWAlert system.
The Inclement Weather Hotline, (757) 365-6304, is the most reliable source for accessing
information about closings, delayed openings, or adjusting hours of operation due to severe
weather conditions.
Employees may receive instructions concerning reporting to work from the following media
sources:
TV:
CBS – Channel 3 WTKR
NBC – Channel 10 WAVY
ABC – Channel 13 WVEC
Mobile/Other: IWAlert System
The delayed opening time is intended to allow employees sufficient time to travel safely to work
and to permit time for snow removal operations. For the safety of employees, employees shall not
report prior to the delayed opening time, unless instructed by their supervisor to do so in order to
carry out an essential function related to the emergency conditions.
Early Closings
The announced early closing time is the earliest time at which an employee may leave work
without being charged leave. It is intended to allow employees sufficient time to travel home
safely. Employees who stay at work later than the early closing time shall not receive additional
pay or time off.
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Section 2.7
The provisions of this Chapter 7, Article II shall be effective as of February 16, 2015.
411
ARTICLE III
Emergency Response and Sheltering
(Adopted April 2, 1998; Revised May 6, 2004, July 12, 2007, Revised November 5, 2008,
October 18, 2010)
Section 3.0
Objective
To set forth the guidelines and procedures for employees to follow due to the occurrence of severe
weather or other problematic conditions.
Section 3.1
Assignments
All County employees are obligated to report for duty during a state of emergency when called
upon. Each Department Director is responsible for determining which positions are considered
essential personnel and non-essential personnel. Essential Personnel are defined as those providing
services which must continue regardless of or pursuant to a state of emergency including, but not
limited to the following functions:
a.
Work units providing immediate assistance to the public for the provision of public safety,
public utilities services, and/or similar activities on a twenty-four hour basis.
b.
Operation and maintenance of equipment essential in clearing highways, roadways, streets,
and parking lots of snow or other debris.
c.
Dissemination of essential information to the public on a continual basis regarding road
conditions, shelters, or other emergency services.
d.
The County Administrator or his designee, depending on the nature of the emergency, may
declare other services essential to County operations.
Non-essential personnel are defined as those not designated as essential in providing regular
County services which must continue regardless of or pursuant to a state of emergency. Nonessential personnel are assigned to shelters or other duties during an emergency.
“Essential Personnel” will be required to report to work in an emergency situation. “Non-essential
Personnel” are required to report to work in an emergency if they receive an assignment to shelter
or other duty. A list of personnel assignments must be sent to the Emergency Services Department
to be kept on file. The list will include each employee’s name, an address and phone number where
he/she can be contacted, and the nature of his/her work assignment during an emergency, i.e., road
maintenance, shelter, etc. When changes are required, the Emergency Services Department must
be notified immediately. Additional employees may be called for duty in the event the County
Administrator or his designee determines it necessary.
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Section 3.2
Notification of Disaster Response Assignments
Employees providing immediate assistance to the public for the provision of public safety, public
utilities services, emergency shelters, operation and maintenance of equipment essential in clearing
highways, roadways, streets, and parking lots, and dissemination of essential information to the
public will be notified in writing of their assignment and a copy will be maintained by the
Emergency Services Department and the Human Resources Department for inclusion in the
personnel file. The Emergency Services Department will review and update this list annually by
February 1 or when necessary.
WHEN AN EMPLOYEE HAS BEEN NOTIFIED TO REPORT TO WORK DURING AN
EMERGENCY SITUATION REPORTING IS MANDATORY UNLESS THE ABSENCE HAS
PRIOR APPROVAL BY HIS/HER SUPERVISOR OR DEPARTMENT DIRECTOR. THOSE
REFUSING TO REPORT TO WORK WILL BE SUBJECT TO DISCIPLINARY ACTION UP
TO AND INCLUDING TERMINATION. SEE SECTION 3.7 FOR A COMPLETE LISTING OF
EXEMPTIONS FROM DISASTER ASSIGNMENTS.
Section 3.3
Shelter or Other Assignments
Each department director will submit an updated list of employees, if there is a change, in staff to
the Emergency Services Department and the Human Resources Department. The Emergency
Services Department will compile an updated list of shelter workers by April 1st each year. Each
employee will be notified in writing of his/her assignment. Department Directors will ensure that
each employee assigned is given a copy of the County Policy Manual, Chapter 7, Article 3,
Emergency Response and Sheltering.
If an emergency occurs, shelter assignments will be made and will remain in effect until rescinded
or changes are made in writing. The anticipated work period for shelter or disaster response
assignments will consist of 12-hour shifts. The County, however, reserves the right to assign or
reassign employees to shelters or other activities and to adjust work periods, as it deems
appropriate based on need. Shelters will remain open as long as warranted by the emergency.
After the first seventy-two (72) hours of the disaster, the County will attempt to release employees
to normal operations. Employees assigned to shelter duty will be required to attend shelter training
as needed.
a.
All employees assigned to shelters will be notified in writing. In the event shelters are
activated, non-essential employee will be notified of their assigned:
1.
Shelter location and anticipated shift.
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2.
3.
Designated County contact’s name and applicable contact information.
Alternate contact’s Shelter Manager's name and applicable contact information.
b.
All Shelter Managers and alternate managers will be provided with the names, work
telephone number, and home telephone number of employees assigned to their respective
shelters.
c.
Department Directors will be provided with a list of employees and their shelter assignment
location.
Section 3.4
Notification to Report to Shelter or Other Assignment
Employees will be given as much advance notice to report for duty as possible based upon the
immediate or potential need to activate personnel, as dictated by the emergency situation.
a.
Alert and Standby Procedures
In the event that it is necessary to activate personnel for shelter or other duty:
b.
1.
Managers or their designees will immediately notify by telephone all their
employees to be on standby and remain alert for further instructions.
2.
Employees who are at home and receive notification to be on standby may continue
with planned activities, but must notify their Manager if it is necessary to leave
home, and must provide the Manager with an alternate telephone number where
contact can be made. If an alternate telephone number cannot be provided, the
employee must provide the Manager with an approximate time of return.
3.
If employees have any uncertainty or any questions regarding disaster activation,
they should call their Manager. The Managers will notify employees by telephone
when the alert is cancelled. Lack of notice will not be accepted as an excuse for
not reporting.
Report for Duty
When it is determined that personnel will be activated:
1.
Managers will immediately notify employees of the specific time they are to report
to the designated work location.
2.
Normal Work Day. If notification to report for duty is received during the normal
workday, employees may be excused from work to take care of personal matters
before reporting, time permitting.
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3.
Department Directors will be notified that personnel have been activated.
Section 3.5
Transportation to the Designated Work Location
Once an employee is notified to report for duty, it is the employee's responsibility to:
a.
Arrange for transportation to and from the assigned location.
b.
Immediately contact his/her Manager if it is not possible to report for duty
at the specified time, and advise the Manager when he/she will be able to
report for assignment. The Managers will notify the appropriate
Department Director if employees do not report for duty as specified.
Section 3.6
Compensation
Those employees called to duty during an emergency shall be compensated in accordance with the
following County policy:
Exempt employees in positions that normally require after hours emergency response (i.e.,
Emergency Services, E-911) will not be compensated for time worked outside of normal
business hours; however, all other exempt personnel will be eligible for compensatory
time. If the employee is unable to utilize the compensatory time within 90 days, straight
time pay may be approved by the County Administrator.
Nonexempt employees in positions that normally require shifts operating twenty-four (24)
hours per day, seven (7) days per week (i.e., Emergency Services, E-911) will not receive
additional compensation for time worked during an emergency unless as otherwise
provided by this policy or the FLSA; however, all other non-exempt personnel working
outside of normal business hours will be eligible for overtime pay at a rate of time and one
half.
Nonexempt employees called to duty after their normal working hours shall receive no less
than two (2) hours' compensation, regardless of the actual time spent at the shelter. Exempt
employees will earn no less than two (2) hours compensatory time.
To be eligible to receive compensation, employees must:
a.
Keep a daily record of time worked using check in/out logs at the work location and on
their timesheets.
b.
Transmit all the completed official forms along with the employee's copy/copies of the
415
appropriate forms to the onsite manager for verification and approval before leaving the
worksite. The Manager will return the verified forms to the employee's Department
Director within four days of receipt.
Section 3.7
Exemptions from Disaster Assignments
Exemptions from any or all emergency response duty, or for particular dates, may be granted only
by the Department Director or his designee for the following reasons:
a.
Personal health condition, whether chronic or acute; disease or disability, whether
temporary or permanent substantiated by a doctor's written medical statement, specifying
the particular nature of the illness that prevented the employee from carrying out the
responsibilities.
b.
Employee on leave that was approved prior to news of the condition or situation
constituting emergency or severe weather condition.
c.
Child or relative living in the employee's home with an acute illness or disability and the
employee is the only caregiver. This illness or disability must be substantiated by a doctor's
written medical statement.
d.
Pregnancy, when the employee provides a doctor's written statement that shelter duty
would be physically harmful.
e.
Employee is unable to report for duty because of weather conditions, road inaccessibility,
and damage to personal residence, etc.
Written requests for temporary or permanent exemption from shelter duty should be sent to the
Human Resources Director.
416
ARTICLE IV
Communications Protocol
Section 4.0
Introduction
The County of Isle of Wight actively pursues opportunities to accurately inform the public about
all aspects of its operations to the extent permitted under privacy statutes and exemptions under
freedom of information laws. The County also recognizes the vital role played by the news media
in a democratic society, and on-going cooperation with the news media enhances the dissemination
of information about the County’s programs and activities. The free flow of information is vital to
the County’s residents’ ability to participate in local government and to the County’s ability to
effectively govern. All care must be taken to ensure that information provided to the public and
news media is accurate, timely, complete and reflects the official position of the County
organization.
Section 4.1
Purpose
This administrative policy establishes guidelines for providing information to the news media.
These guidelines are in no way intended to hinder open communication between employees and
the public or news media. They are, however, intended to ensure an accurate, consistent and
reliable flow of information about County activities. They are also designed to ensure the County’s
compliance with the guidelines of freedom of information regulations.
Section 4.2
Definitions
a.
The Director of Information Resources and Legislative Affairs (DIRLA) is the
County’s primary contact for the news media and is responsible for the coordination
and monitoring of information disseminated to the public. The County
Administrator and/or the DIRLA is responsible for ensuring County-wide
compliance with this administrative policy.
b.
Official County positions. The County often takes a position or has an established
policy toward issues facing the community or the County organization. These
positions are either approved by a majority of the Board of Supervisors or
formulated by the County Administrator and affected Department Heads.
c.
Dissemination of information through the news media. Providing information
to the public through the news media may include interviews with news reporters,
letters to the editor, Blogs, guest editorials or columns in newspapers, appearances
417
on television or radio news talk shows, or similar instances. In most cases, this will
involve local newspapers; however, it also includes national trade publications.
These guidelines do not address the placement of advertisements, newsletters,
promotional fliers, brochures, and other media in which the content of the
information is determined solely by the County.
d.
Personal opinions. As citizens of the United States, everyone has the right to form
and express opinions about public issues. A distinction must be drawn, however,
when an individual is acting in the role of representing the County organization.
When speaking for the organization, employees’ comments must reflect the official
County position on programs and issues. Personal opinions may or may not be the
same as positions taken by the organization as a whole, and they should not be used
when speaking publicly, responding to reporters’ questions or submitting written
material (such as letters to the editor) as a County employee.
Section 4.3
Procedures
The DIRLA is primarily responsible for preparing, coordinating and monitoring the dissemination
of County-related information to the news media. Department Heads are responsible for ensuring
their staff are aware of and adhere to the provisions of this policy. Departments and/or individual
County employees who, in the course of their official duties, receive requests for interviews from
news reporters must first contact the DIRLA, except under circumstance noted regarding
newsworthy events below.
For news media requests for County documents filed under the Freedom of Information Act
(FOIA), the department receiving the request shall follow procedures established by the County
Attorney’s Office for handling such FOIA requests. If the reporter’s request is for pre-existing
documents only, as opposed to a request for an interview with a County official, the department
receiving the request may provide the documents, but the DIRLA should be notified of the request.
The DIRLA is responsible for informing the County Administrator of reported media contacts
which are not deemed to be of a routine nature.
The DIRLA will review each interview request from reporters and coordinate a timely response.
This may involve facilitating interviews with the appropriate spokespersons, and/or providing
requested information to news reporters. Particular care is to be taken to respond in a timely
manner whenever possible, balancing the deadline needs of news reporters with the time
requirements of County staff responding to requests.
When a designated County spokesperson releases information to news reporters, the spokesperson
must provide a summary of the issues discussed to the DIRLA immediately after the
contact/release of information. This should include: a brief summary of the issues discussed, any
information regarding follow-up or additional interviews the reporter is planning to request,
description of any materials provided to the reporter, and projected dates for printing/airing of the
418
story. The summary should also identify any request for information the reporter made that the
spokesperson could not satisfy. This will enable the DIRLA the ability to coordinate additional
interviews with appropriate spokespersons.
If, in the course of providing information to a reporter, the interview evolves into other areas of
controversial or sensitive issues outside the reporter’s originally stated request, the spokesperson
should stop the interview and refer the reporter to the DIRLA. It should be understood that stopping
the interview at this point is not intended in any way to hinder the process, but rather to ensure that
the appropriate spokesperson addresses the questions asked by the reporter.
Department directors have primary responsibility for official public statements or announcements
issued by their respective departments. Department directors may delegate responsibility for media
relations to a departmental spokesperson (on a case-by-case basis), according to the needs and
resources of each department to provide specific information to the news media regarding
operational activities of their respective departments. (For example Parks & Recreation personnel
at the County Fair). Names and contact information for all departmental spokespersons shall be
provided to the DIRLA and shall be updated as changes occur. These individuals must comply
with all provisions herein.
In cases where a reporter is requesting information or interviews relative to topics which may be
time-sensitive or controversial, department directors must notify the DIRLA. It is permissible to
e-mail or fax the specific details, so long as a follow-up call is immediately placed to alert
appropriate staff that the e-mail or fax has been sent. If it is not possible to contact the DIRLA, the
County Administrator’s office should be contacted directly.
If asked by a news reporter to give an opinion about particular issues or programs, County
employees should explain that giving personal opinions on behalf of the County is not appropriate
or part of their responsibility. It is, therefore, advisable to decline comment and offer to direct the
news reporter to the DIRLA.
It is appropriate for County employees involved in a newsworthy event (i.e. fire, water main break,
ribbon cutting, Parks and Recreation event, etc.) to communicate with reporters about facts
surrounding the specific event. This may include the County employee initiating contact with a
reporter to promote an up-coming event to enhance attendance. However, the information provided
to reporters should be released in coordination with the staff person in charge of the event or the
person designated as the spokesperson for the event and coordinated with the DIRLA. Information
should be limited to the facts pertaining to the event or the safety and welfare of the public, and
employees should only comment on areas directly related to their job tasks. Information that may
be sensitive or have implications relating to litigation or personal privacy should not be discussed.
In addition, information or speculation which deals with broader issues or policies of the County
should be referred to the DIRLA.
County employees who attend Board of Supervisors, Planning Commission, or other similar
meetings may, in response to a reporter’s request, provide clarification regarding actions taken by
the meeting participants. Only factual information directly related to the issue may be provided. If
419
the reporter asks for speculation regarding the implications of these actions, those requests should
be referred to the DIRLA.
When determining what information to immediately release, County staff members are advised to
consider privacy, litigation, personnel factors and potential public controversy before speaking and
to err on the side of caution. Because of the importance placed on statements by County officials,
staff should refer any requests about which they are unsure to their supervisor and/or the
department head.
Department directors who become aware of issues or events that may have the potential for
generating news coverage must report such activity to the DIRLA. This is not limited to
controversial or sensitive issues, but it may also include incidences of positive actions and
accomplishments that could be of interest to the news media or general public.
During times of emergency, when the County’s Emergency Operations Center is either fully or
partially activated, staff must take extra care to ensure that information released to the media is
coordinated with the Emergency Coordinator and the DIRLA. Specific provisions for the
distribution of information during emergencies, outlined in the County’s Emergency Operations
Plan, shall take precedence during times of EOC activation.
No portion of this policy should be interpreted as to infringe upon the provisions of applicable
freedom of information statutes. The County of Isle of Wight adheres to all freedom of information
statutes and encourages the timely flow of accurate information to both the public and the news
media.
420
ARTICLE V
Records Management
Section 5.0
Purpose
It is the intent of this policy to ensure that Isle of Wight County officials and employees understand
and adhere to the management of County records in accordance with the Virginia Public Records
Act, and to provide guidance for the management of County records to ensure the availability of
information essential to the conduct of business. A sound program allows for the easy location
and retrieval of information, protection of permanent records, and systematic disposal, in
accordance with the law, of records no longer needed for business or historical reasons.
Section 5.1
Applicability
All public officials, county employees, official appointees of the Board of Supervisors, and all
others who are required to adhere to the County's policies shall be governed by these regulations.
Section 5.2
Governing Regulation
The Virginia Public Records Act, 1976, as amended, established a single body of law, applicable
to all public officers and employees, to ensure that the procedures used to manage and preserve
public records will be uniform throughout the commonwealth. This includes both state and local
programs. In summary, the Virginia Public Records Act stipulates:
 Public officials are legally responsible for creating and maintaining records that document
the transactions of government as it conducts business. These records provide evidence of
the operations of government and accountability to citizens. Public officials must maintain
this information according to established retention requirements regardless of the format
in which they are kept. These public records must be available for appropriate access
throughout their retention period.
 The medium upon which such information is recorded has no bearing on the determination
of whether the recording is a public record. Regardless of physical form or characteristic,
the recorded information is a public record if it is produced, collected, received or retained
in pursuance of law or in connection with the transaction of public business.
 The archival and management function is vested to the State Library Board (§42.1-85).
The program is managed through the Virginia State Library’s archives and Records
Division. Program guidance is contained in the Virginia Public Records Management
421
Manual. It provides essential guidance to Records Officers and others who have
responsibility for the Commonwealth’s records. The manual is available on the Library of
Virginia’s web site http://www.lva.lib.va.us/whatwedo/records under the link for online
records management publications and forms.
 No agency shall sell or give away public records (§42.1-86.1). No agency shall destroy or
discard a public record unless:
the record appears on a records retention and disposition schedule approved
pursuant to §42.1-82 and the record's retention period has expired;
o a certificate of records destruction, as designated by the Librarian of Virginia, has
been properly completed and approved by the agency's designated records officer;
and
o there is no litigation, audit, investigation, request for records pursuant to the
Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
o
After a record is destroyed or discarded, the agency shall forward the original certificate of
records destruction to The Library of Virginia (§42.1-86.1).
 Each agency shall ensure that records created after July 1, 2006 are destroyed or discarded
in a timely manner (§42.1-86.1) in accordance with the retention periods identified in the
Library of Virginia’s Locality General Schedules.
 The Virginia Freedom of Information Act (FOIA) (§ 2.2-3700 et seq.) guarantees citizens
of the Commonwealth and representatives of the media access to public records held by
public bodies, public officials, and public employees. The stated purpose of FOIA is to
promote an increased awareness by all persons of governmental activities.
The County of Isle of Wight adheres to all freedom of information statutes and encourages
the timely flow of accurate information to both the public and the news media.
Departments receiving a FOIA request shall follow procedures established by the County
Attorney’s Office for handling such FOIA requests. In addition, while the department
receiving the request may provide the documents, the Director of Information Resources
and Legislative Affairs (DIRLA) should be notified of the request. (For additional
guidance, see Isle of Wight County Policy Manual Chapter 7: Miscellaneous – Employee
Related, Article V, Section 5.3)
Section 5.3
Definitions
Archival record - means a public record of continuing and enduring value useful to the citizens of
the Commonwealth and necessary to the administrative functions of public agencies in the conduct
of services and activities mandated by law that is identified on a Library of Virginia approved
records retention and disposition schedule as having sufficient informational value to be
permanently maintained by the Commonwealth.
422
Electronic record - means a public record whose creation, storage, and access requires the use of
an automated system or device. Ownership of the hardware, software, or media used to create,
store, or access the electronic record has no bearing on a determination of whether such record is
a public record.
Essential/vital public record - means records that are required for recovery and reconstruction of
any agency to enable it to resume its core operations and functions and to protect the rights and
interests of persons.
Hold order – refers to a legal directive that identifies and suspends the retention period of County
public records until the order is rescinded (i.e., the record must be maintained regardless of its
standard retention schedule).
Private/personal record - means a record that does not relate to or affect the carrying out of the
constitutional, statutory, or other official ceremonial duties of a public official, including the
correspondence, diaries, journals, or notes that are not prepared for, utilized for, circulated, or
communicated in the course of transacting public business.
Public record or record - means recorded information that documents a transaction or activity by
or with any public officer, agency or employee of an agency. Regardless of physical form or
characteristic, the recorded information is a public record if it is produced, collected, received or
retained in pursuance of law or in connection with the transaction of public business. The medium
upon which such information is recorded has no bearing on the determination of whether the
recording is a public record. Public record shall not include non-record materials, meaning
materials made or acquired and preserved solely for reference use or exhibition purposes, extra
copies of documents preserved only for convenience or reference, and stocks of publications.
Records retention and disposition schedule - means a Library of Virginia-approved timetable
stating the required retention period and disposition action of a records series. Approved retention
periods for locality records are available on the Library of Virginia website
http://www.lva.lib.va.us/whatwedo/records under the link for General Schedules for
Virginia Localities. The terms administrative, fiscal, historical, and legal value of a public record
shall be considered in appraising its appropriate retention schedule. The terms "administrative,"
"fiscal," "historical," and "legal" value shall be defined as:
Administrative value: records shall be deemed of administrative value if they have
continuing utility in the operation of an agency.
Fiscal value: records shall be deemed of fiscal value if they are needed to document and
verify financial authorizations, obligations, and transactions.
Historical value: records shall be deemed of historical value if they contain unique
information, regardless of age, that provides understanding of some aspect of the
government and promotes the development of an informed and enlightened citizenry.
423
Legal value: records shall be deemed of legal value if they document actions taken in the
protection and proving of legal or civil rights and obligations of individuals and agencies.
Section 5.4
Procedures
A. Records Officers –
1. Records Administrator - The Virginia Public Records Act requires that each agency and
locality designate at least one (1) records officer to serve as a liaison to the Library of Virginia
for the purposes of implementing and overseeing a records management program and
coordinating legal disposition, including destruction of obsolete records (§42.1-85). The
County Administrator, or his/her designee, shall serve as the Records Administrator of Isle of
Wight County.
2. Departmental Records Officer – Each department head shall designate a departmental records
officer, and as desired, divisional records officers to act as points of contact to coordinate
record management responsibilities. The name and phone number of each designated records
officer will be provided to the Records Administrator. Departmental Records Officer
responsibilities will include:
a. Provide oversight for the departmental or divisional records program as assigned.
b. Approve and coordinate the preparation, inventory, and packing of records designated for
storage.
c. Identify vital and permanent records and take appropriate action to ensure preservation.
d. Identify for destruction, records no longer required in accordance with the Library of
Virginia’s General Retention Schedules.
e. Certify compliance with the County’s Record Management Policy annually.
3. Employees – each employee will be responsible for adhering to the Virginia Public Records
Act and this records management policy as well as the practices and procedures established by
their departments.
B. Records Retention and Disposition
Records cannot be destroyed without an approved records retention and disposition schedule from
the Library of Virginia. This information is published by the Library of Virginia in the Locality
General Schedules which lists record series and provides instructions and guidance for their care,
how long they are to be maintained and procedures for disposing of them. (Approved retention
periods for locality records are available on the Library of Virginia website
424
http://www.lva.lib.va.us/whatwedo/records under the link for General Schedules for Virginia
Localities.) (§42.1-86.1)
Records cannot be destroyed before the end of their retention period nor should they be retained
longer than their retention period unless the record is associated with an ongoing litigation, audit,
investigation, request for records pursuant to the Virginia Freedom of Information Act, or is subject
to a hold order. (§42.1-86.1)
Records created after July 1, 2006 which contain identifying information shall be destroyed within
six (6) months of the expiration of the record’s retention period unless the record is associated with
an ongoing litigation, audit, investigation, request for records pursuant to the Virginia Freedom of
Information Act, or is subject to a hold order (§42.1-86.1). Identifying information is defined as
social security number, drivers’ license number, bank account number, credit or debit card
numbers, personal identification numbers (PIN) electronic identification codes; automated or
electronic signatures and passwords (§18.2-186.3).
1. Retention Schedule. Use of the Library of Virginia Locality General Schedules will provide
records officers guidance in performing the following duties:
 Preservation of records needed for legal, fiscal or administrative purposes.
 Identification of records that can be legally destroyed.
 Determination of when records may be transferred to inactive storage or to another
repository for permanent storage.
2. Record Reformatting. Paper documents can be converted to electronic or photographic
images. Reformatting is not always the best solution and should be considered carefully. Often
reformatting is seen as a solution to storage problems; however, records should not be
reformatted solely for space-saving purposes. Before deciding to reformat your records,
explore alternatives such as destroying records past their retention dates, purging files of
unnecessary and duplicate information or transferring records to storage. Low use, inactive
paper records with retention periods of less than 20 years should generally be kept in their
original form and stored in the most secure, low-cost space available.
3. Record Destruction. Records that are no longer required and are beyond their legal retention
period should be destroyed. Records that are required for audits, investigations or
litigation may not be destroyed until the required action is completed.
a. Record of Destruction. – Prior to the destruction of any record, a Certificate of Records
Destruction (RM3) (available at the Library of Virginia website under the Records
Management Publications and Forms link: http://www.lva.lib.va.us/whatwedo/records).
The RM3 must be completed and be authorized by the Departmental Records Officer and
approved by the Records Administrator. When completing the RM3, follow the Library
of Virginia’s directions (available at the Library of Virginia website:
http://www.lva.lib.va.us/whatwedo/records under the Records Management Publications
425
and Forms link). Only after the original RM3 is signed by the Records Administrator can
the records be destroyed. After destruction, the original RM3 is to be signed and dated to
certify destruction and is to be returned to the Records Administrator. A copy of the RM3
will be made for the county records and the original forwarded to the library of Virginia as
evidence of proper disposal.
b. Method of Destruction. – The type of information and its format determines the method of
destruction. Usually disposition by recycling or daily trash pickup is appropriate.
However, if records contain personal, private or confidential information they must be
destroyed to prevent unauthorized access to them.
o Recycling – is the preferred method of destruction for paper records with no special
disposition requirements.
o Trash – records that do not contain private, sensitive or confidential information may
also be destroyed by placing them in a trash receptacle.
o Shredding – is the most popular method of destroying sensitive, private or confidential
information. If you do not have access to a shredder, contact the Records Officer to
make arrangements.
o Electronic data – electronic data cannot simply be deleted it must be obliterated to be
destroyed. The County’s Information Technology Department will provide assistance
and guidance on the destruction of electronic data.
426
CHAPTER 8:
MISCELLANEOUS – GENERAL
(NON-EMPLOYEE)
Chapter 8: Miscellaneous - General (Non-Employee)
ARTICLE I
Committee Member Absenteeism
Any committee member who is absent from three consecutive meetings may have his/her
appointment terminated and new appointee names by the Board of Supervisors as his/her
replacement. The secretary of each committee, or chairperson if there is no secretary, shall report
to the Office of the County Administrator of Isle of Wight County, Virginia when any committee
member has missed three consecutive meetings of said committee. The matter will then be
considered by the Board of Supervisors at its next regular meeting following said notification.
Chapter 8: Miscellaneous – General (Non-Employee)
427
ARTICLE II
Pledge of Allegiance
At its July 16, 1998 meeting, the Board adopted a formal policy to recite the Pledge of Allegiance
at the Board's regular meetings starting August 6, 1998.
428
ARTICLE III
Use of County Seal
Section 3.0
Intent/Purpose
The Board of Supervisors of Isle of Wight County, having obtained registered copyright and/or
service mark protections for the County seal, believes it may be appropriate and useful to allow
certain organizations or persons to use the seal under certain limited situations. It is, therefore, the
Board of Supervisors’ intent to allow such use of the County seal by parties not affiliated with
County government all in accordance with the requirements set forth in this policy.
Section 3.1
General
The County Administrator is authorized to issue limited licenses for the use of the County seal,
subject to the terms and conditions set forth in this policy.
Section 3.2
License Application Process
a.
No person shall be granted a license unless and until a license application, as developed
and changed from time to time, has been submitted and approved by the County
Administrator or his designee.
b.
Such a license application shall contain, at a minimum, the following information:
1. The name of the person or organization seeking the license;
2. The purpose for which the County seal is to be used; and
3. Renditions of how the County seal will be presented.
c.
A license shall only be granted if the County Administrator or his designee determines that:
1. No commercial use of the seal will be made;
2. That the proposed use of the seal will not present the County in an unfavorable light,
nor in any manner deemed likely to be offensive to a significant portion of the
population;
429
3. That the seal will tend to create positive publicity for the County; and
4. That the use of the seal is not likely to create the perception of official County action
or endorsement of any private, political or commercial undertaking.
d.
The granting of a license hereunder shall be memorialized in the form of an agreement,
signed by the County Administrator or his designee, and by the applicant or the applicant’s
authorized agent, containing, at a minimum, the following provisions:
1. The applicant shall agree that no use of the seal shall be made by the applicant
except as set forth in the application, and that any other use of the licensed seal shall
constitute a breach of the agreement, and infringement of the copyright or service
mark;
2. The applicant shall agree that infringement of the copyright or service mark or other
violation of the agreement shall cause irreparable damage to the County such that
injunctive relief shall be proper;
3. The applicant shall agree that, in the event the seal is placed on any tangible goods
or fixtures in a manner not licensed by the County, the County shall have the right
to take possession of such goods or fixtures pending the conclusion of any litigation
related to such use; and
4. The applicant shall agree that any presentation of the seal shall be accompanied, as
applicable, by the appropriate designation indicating copyright or service mark
protection.
Section 3.3
Application Fee
There shall be an application fee for each license granted of fifty dollars ($50.00) to defray the
costs of processing the application.
430
ARTICLE IV
Social Media Policy
Section 4.0
Purpose
Isle of Wight County’s social media focus is to network and relay information to county
residents, businesses and visitors. We encourage individuals to post questions, comments,
and concerns. We invite individuals to express their thoughts whether they are supportive,
dissenting or critical; however, these comments should be appropriate and criticism should
be constructive. Our social media sites are for online discussion only and they should not
be used as a public forum.
We recognize the internet is a 24/7 medium, and your comments are welcome at any time;
however, given the need to manage limited staff resources, we generally only monitor
comments and postings during regular business hours.
Once posted, Isle of Wight County reserves the right to delete submissions that contain:











False Information
Obscene language or sexual content
Pornographic Images
Personal attacks of any kind

Comments or content that promotes, fosters, or perpetuates discrimination on the
basis of race, creed, color, age, religion, gender, marital status, genetics, status with
regard to public assistance, national origin, physical or intellectual disability or
sexual orientation
Spam, advertising or include links to other sites
Threatening or slanderous comments about any person or organization
Comments that are clearly off topic and/or disruptive
Comments supporting illegal activity
Promotion of particular services, products, or political organizations

Support of or opposition to political candidates, political organizations or ballot
propositions
Infringement on copyrights or trademarks
Personally identifiable medical information

Information that may compromise the safety, security or proceeding of public
systems or any criminal or civil investigations
Violations of the Social Media Policy can result in the user being banned from the County’s
social media sites. Comments used on these sites have no reflection on county staff or
employees. Administrators on these sites may report or remove information listed in the
above policy.
431
ARTICLE V
Public Notice
Section 5.0
Purpose
In order to properly comply with the public notice requirements, as set forth in the relevant sections
of the Code of Virginia (1950, as amended), public notices are required to be published in a
newspaper having general circulation in Isle of Wight County, Virginia. As such, this policy is
intended to ensure proper legal notice of upcoming legislative acts are placed in such a manner as
to comply with the provisions of the Code of Virginia (1950, as amended).
Section 5.1
Responsibility
It shall be the responsibility of the Isle of Wight County Attorney’s Office to ensure compliance
with this policy. In that regard, all public notices required by the Code of Virginia (1950, as
amended) shall be handled exclusively by the Isle of Wight County Attorney’s Office for proper
dissemination to the media and payment thereof.
Section 5.2
Distribution
All official public notices shall be sent to The Smithfield Times and The Tidewater News for
publication in order to meet all applicable legal requirements for public notice. Chapter 8: Miscellaneous – General (Non-Employee)
432

Link to County Policy Manual

Transcription

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